If a defendant waives his appeal against his sentence because his codefendants later negotiate and receive sentences more lenient than his, would that waiver of appellate rights be enforceable?

California, United States of America


The following excerpt is from People v. Panizzon, 13 Cal.4th 68, 51 Cal.Rptr.2d 851, 913 P.2d 1061 (Cal. 1996):

It is true that in People v. Dillon, supra, we looked to the relatively lenient sentences of a defendant's coconspirators to underscore our conclusion that the punishment imposed upon the defendant was grossly disproportionate to his individual culpability. (34 Cal.3d at p. 488, 194 Cal.Rptr. 390, 668 P.2d 697.) But even if defendant here did not know or contemplate the fact that his codefendants would later negotiate and receive sentences more lenient than his, we see no reason to deem his waiver of appellate rights unenforceable.

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