What is a waiver of the "Cruz waiver" rule?

California, United States of America


The following excerpt is from People v. Thornton, D065827, D065991 (Cal. App. 2015):

1. A Cruz waiver is a waiver of the rule announced in People v. Cruz (1988) 44 Cal.3d 1247, which said a court could not reject a plea agreement and impose a different sentence without allowing the defendant to withdraw the guilty plea.

2. All further statutory references are to the Penal Code unless otherwise specified.

Other Questions


What is the waiver rule and what is the effect it has on the waiver process? (California, United States of America)
Does the "right ruling, wrong reasoning" rule apply to an evidentiary ruling that required the trial court to make findings of fact? (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)
Does a statement by an appellate court of a rule of law necessary to the decision of the case on appeal conclusively establish that rule? (California, United States of America)
How does the waiver rule apply to a defendant in a criminal case? (California, United States of America)
Does the waiver rule apply to claims of error in the sentencing context? (California, United States of America)
What are the implications of rule 2-200 of the California Medical Association Rule 2,200 for medical malpractice? (California, United States of America)
Can a new objection and waiver rule be applied retroactively when existing law does not require an objection? (California, United States of America)
Can a waiver and plea agreement be relied upon as evidence of a waiver of the right to appeal the sentence? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.