What are the findings of a motion to overturn a conviction for sexual assault brought by an appellant in the Superior Court of Appeal?

California, United States of America


The following excerpt is from People v. Lamb, 76 Cal.App.4th 664, 90 Cal.Rptr.2d 565 (Cal. App. 1999):

Appellant contends: (1) Both the court and the prosecutor violated the plea agreement and the principles established in People v. Harvey (1979) 25 Cal.3d 754, thereby entitling appellant to have his convictions reversed; (2) appellant's plea was induced by misinformation by the trial court, rendering his plea involuntary; (3) the trial court had no jurisdiction over two of the three counts of conviction because the statute of limitations had expired on those two offenses; and (4) the admission at sentencing of allegations that appellant had committed misconduct more than 20 years previously, where such allegations had never been adjudicated, violated appellant's due process rights to a fundamentally fair sentencing hearing.

We conclude that the judgment must be reversed and appellant's plea set aside for misadvisement regarding the applicability of People v. Harvey, supra, 25 Cal.3d 754. So as to guide the trial court and the parties on remand, we address appellant's other contentions and reject his claims regarding the statute of limitations and denial of due process at the sentencing hearing.

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