Is a defendant's claim that ineffective assistance of counsel led him to enter a felony plea instead of a misdemeanor and thus erroneously receive a (negotiated) felony sentence?

California, United States of America


The following excerpt is from People v. Kessler, C079257 (Cal. App. 2016):

First and foremost, because defendant did not secure a certificate of probable cause, to the extent that he argues ineffective assistance of counsel led him to enter a felony plea instead of a plea to a misdemeanor and thus erroneously receive a (negotiated) felony sentence, his claim is barred. (See People v. Cuevas (2008) 44 Cal.4th 374, 381, 382 [where defendant does not directly challenge the plea but challenges "the very sentence he negotiated as part of the plea bargain," he attacks the validity of his plea].) However, because we cannot be sure of the exact nature of defendant's claims, we nevertheless address them briefly.

Other Questions


If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Can a defendant claim ineffective assistance of counsel by virtue of counsel's failure to object? (California, United States of America)
Does a defendant have to prove that she received ineffective assistance of counsel before entering her plea? (California, United States of America)
Can a defendant bring a claim for ineffective assistance of counsel against counsel who failed to follow up with follow-up questions? (California, United States of America)
Is a defendant's claim that his trial counsel's failure to object or request a limiting instruction was ineffective assistance of counsel? (California, United States of America)
Is ineffective assistance to counsel ineffective assistance of counsel? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
How have courts treated the issue of ineffective assistance claims in the context of an ineffective assistance claim? (California, United States of America)
What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)
If we find forfeiture as to the jury instruction issue or the claim of prosecutorial misconduct then if we find that defendant received ineffective assistance of counsel, is he entitled to forfeiture? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.