Does a defendant who accepts a plea agreement for reduced sentence and agrees to receive 1,460 presentence custody credits have a right to challenge the award on appeal?

California, United States of America


The following excerpt is from People v. Caldera, E061548 (Cal. App. 2015):

Because defendant accepted a plea agreement for a reduced sentence and agreed to receive a total of 1,460 presentence custody credits, he "ha[s] received the benefit of [his] bargain [and] should not be allowed to trifle with the courts by attempting to better the bargain through the appellate process." (People v. Hester, supra, 22 Cal.4th at p. 295.) By accepting the award and failing to object at sentencing, defendant has forfeited his right to challenge the two extra days of presentence custody credits on appeal. (People v. Myers (1999) 69 Cal.App.4th 305, 312 [defendant who, through counsel, stipulated to the amount of presentence custody credits forfeited any alleged error in calculation].)

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