Does a defendant who has pleaded guilty to a charge under section 1203.03.4 of the Penal Code, and served time in prison for the same crime, receive any relief from the Court of Appeal?
California, United States of America
The following excerpt is from People v. Escobedo, B261311, B261585 (Cal. App. 2015):
Penal Code section 1203.4 relief is not available to a defendant who has pleaded guilty to felony charges and served prison terms, as Escobedo did in each case. (People v. Borja (1980) 110 Cal.App.3d 378, 380.)
Page 5
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Can a defendant who pleaded guilty to a charge of assault and possession of a dangerous substance while still serving time served serve time served under a plea bargain? (California, United States of America)
In what circumstances will a defendant plead guilty to a crime charged or to any other crime under California Evidence Code section 1153.4? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does section 654 of the Penal Code section 54 of the Criminal Code apply to a defendant who pleaded guilty to two counts of assault? (California, United States of America)
Can a defendant who was serving or serving a sentence for a previous conviction that would have been a misdemeanor under Proposition 47 receive retroactive retroactive relief under section 1170.18 of the California Penal Code? (California, United States of America)
Does a defendant who pleads not guilty by reason of insanity have to plead not guilty to the same charge under section 1016 of the California Criminal Code? (California, United States of America)
Can a defendant who committed his crimes before the effective date of the amendment to the Criminal Code, section 12022.7 of the Penal Code, apply the new restriction on the amount of time a defendant can serve on a minimum sentence? (California, United States of America)
