Is a sentence imposed on a defendant who pleaded guilty to a charge of assault unlawful?
California, United States of America
The following excerpt is from People v. El Mir, D071117 (Cal. App. 2017):
custody. In short, the sentence was unlawfully imposed and cannot stand. To the extent, the plea agreement called for an unlawful sentence, the trial court lacked the authority to approve it. (People v. Jackson (1981) 121 Cal.App.3d 862, 868-869.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
What is the test for a defendant seeking to challenge the sentencing of a defendant who has pleaded guilty to a charge of assault with intent to pervert the course of justice? (California, United States of America)
What is the test for a motion for a retrial of a defendant who has pleaded guilty to a charge of sexual assault and a similar charge against the same defendant? (California, United States of America)
Can a defendant who has entered a guilty plea for the purposes of pleading not guilty to a charge of assault have the option of representing himself at trial? (California, United States of America)
What is the procedure in which a jury finds guilty of a charge of assault against a defendant and sentences are imposed thereon? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
Does a defendant have to plead guilty to a charge that was dismissed in exchange for a plea of guilty to another charge? (California, United States of America)
Can a defendant plead guilty on appeal for the purposes of pleading guilty to assault? (California, United States of America)
What is the range of sentences for a defendant who pleaded guilty to a charge of assault with intent to pervert the course of justice? (California, United States of America)
