Does a waiver based on a failure to notify appellant of his right to a restitution hearing constitute error?

California, United States of America


The following excerpt is from In Re A. v., F059489, Super. Ct. No. 06CEJ600296-3 (Cal. App. 2010):

7. Even assuming the court erred in failing to notify appellant of his right to a restitution hearing, such error was harmless. "'[A]n uninformed waiver based on the failure of the court to advise an accused of the consequences of an admission constitutes error which requires that the admission be set aside only if the error is prejudicial to the accused.' [Citation.]" (People v. Walker (1991) 54 Cal.3d 1013, 1022-1023.) Furthermore, appellant knew the approximate amount of the restitution the victim claimed and defense counsel could have contested it at the disposition hearing, but failed to do so, thus waiving the error. (Id. at p. 1023 ["when the only error is a failure to advise of the consequences of the plea, the error is waived if not raised at or before sentencing"].)

Other Questions


When a defendant waives a waiver of his right to leave the scene of the crime, does the waiver constitute a knowing waiver? (California, United States of America)
Does appellant's failure to object on the grounds of waiver on appeal to the Court of Appeal constitute waiver? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
Does the failure of the trial court to advise appellant of his rights with respect to admission of his prior conviction constitute Yurko error? (California, United States of America)
Can a waiver be implied by a failure to notify appellant of a continued trial date? (California, United States of America)
Does the Court of Appeal have found that Defendant Joiner did not waive his assumed constitutional right to be personally present at the remand hearing and that the court erred in conducting that hearing in his absence? (California, United States of America)
Is a defendant's failure to object to the imposition of a restitution fine on appeal a waiver of right to complain on appeal? (California, United States of America)
What is the appellant's burden to establish error based on the appellate record? (California, United States of America)
Does the Court of Appeal's failure to instruct on involuntary manslaughter constitute a federal constitutional error subject to review? (California, United States of America)
Does a failure of instruction to require a jury to produce written findings by the jury regarding the aggravating factors found and considered in returning a death sentence violate a defendant's constitutional right to meaningful appellate review? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.