What factors support a finding that a defendant waives his right to appeal the validity of his probation conditions?

California, United States of America


The following excerpt is from The PEOPLE V. JAMES, A124954, A126576, No. C160389 (Cal. App. 2010):

Other factors support a finding that defendant's waiver of his appeal rights extends to the probation conditions. Defendant entered into a negotiated disposition which granted him significant benefits in the nature of dismissal of a multitude of charges and the promise of a suspended sentence and grant of probation, an outcome far below the maximum potential punishment. (See People v. Kelly (1994) 22 Cal.App.4th 533, 535-536.) The punishment subsequently imposed, including the specification of the probation conditions, did not deviate from the promised disposition. The beneficial result was an obvious motivation for the plea. In return, the People reasonably expected to receive the benefit of avoiding any risk of reversal of the probation conditions imposed by the trial court. We are persuaded that waiver of the right to appeal the validity of the probation conditions was within the reasonable expectation of the parties. Defendant may not receive the benefit of a bargain that avoids a potentially harsher sentence by entering a plea in exchange for a waiver of rights, then seek to avoid the waiver so as to improve the bargain on appeal. (See People v. Chatmon (2005) 129 Cal.App.4th 771, 773; People v. Vera (2004) 122 Cal.App.4th 970, 983.)

Other Questions


Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
Is a probation condition of probation valid if it prohibits a defendant from engaging in sexual acts while on probation that is not in itself criminal? (California, United States of America)
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 barred from challenging the validity of a probation condition in an appeal from the order granting probation? (California, United States of America)
Does a termination of probation render a defendant's appeal against the validity of his probation conditions moot? (California, United States of America)
Can a defendant appeal from a finding that he was released from custody after serving his probation sentence for a second probation violation? (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)
Does defendant have a right to appeal the findings of the Court of Appeal? (California, United States of America)
What are the findings of the Court of Appeal at the Superior Court of Justice on Beach's appeal against a finding that an autopsy photograph of the victim was unduly prejudicial and lacked probative value? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.