How have the courts dealt with a motion for appeal against the Defendant's prior convictions under section 1170.126 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Rameses, C078604 (Cal. App. 2016):

Defendant filed a timely notice of appeal. Defendant also filed a motion for a hearing, arguing under Kastigar v. United States (1972) 406 U.S. 441 [32 L.Ed.2d 212] that the use of his prior convictions violated an immunity agreement he entered into with the United States government to resolve the Florida murder charges. The court denied the motion: "Under subdivision (f) [of section 1170.126], upon receipt of the petition, the court must make an initial determination as to whether the petitioner satisfies the requirements of the section. This court has determined that he does not.

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