Is a defendant's waiver of his right to appeal as part of a plea bargain valid?

California, United States of America


The following excerpt is from People v. Jacome, D072457 (Cal. App. 2018):

To aid our review, and consistent with Anders v. California (1967) 386 U.S. 738, 744, counsel identified one possible appellate issue (Anders Issue): Is a defendant's waiver of his right to appeal as part of a plea bargain valid?

Jacome filed a supplemental letter brief raising three issues, which we address below.

Other Questions


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)
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)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
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)
Is a defendant's waiver of appeal rights valid? (California, United States of America)
Is a waiver of a defendant's right to testify a personal waiver of that right? (California, United States of America)
Does a defendant have the authority to raise a question of "substantial rights" on an appeal from the Court of Appeal? (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)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
Does a defendant's failure to object to fees imposed pursuant to section 1203.1b waive the right to appeal on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.