In what circumstances will a defendant's appeal against his sentence for assault be considered a waiver or forfeiture of the sentence?
California, United States of America
The following excerpt is from People v. Kagoshima, A131428 (Cal. App. 2012):
in the plea agreement. (Cf. People v. Martin (2010) 51 Cal.4th 75, 82.) Defense counsel specifically requested a reduction in the fines or period of parole by the "50 days additional" time in custody served by defendant. We find no waiver or forfeiture of defendant's challenge to the sentence.
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