What is the difference between a plea agreement that provides alternate sentences for a defendant who fails to appear for sentencing?
California, United States of America
The following excerpt is from People v. Masloski, 108 Cal.Rptr.2d 484, 25 Cal.4th 1212, 25 P.3d 681 (Cal. 2001):
[108 Cal.Rptr.2d 490]
The distinction drawn in People v. Vargas, supra, 223 Cal.App.3d 1107, 273 Cal. Rptr. 48, between (1) a plea agreement that provides alternate sentences depending upon whether the defendant does or does not appear for sentencing as ordered, and (2) a sanction for nonappearance that is unilaterally imposed by the trial court, was recognized in People v. Jensen (1992) 4 Cal.App.4th 978, 6 Cal.Rptr.2d 201. The defendant in Jensen pleaded guilty to a charge of possession of a concealable firearm by a felon, pursuant to a plea agreement that included a term of one year in county jail. After defense counsel recited the terms of the plea agreement to the court, he requested a "stay of execution," indicating he understood the court's policy of ensuring a defendant's appearance by sentencing him or her to a term of two years in state prison and staying execution of that sentence pending the defendant's appearance for sentencing. Defendant failed to appear for sentencing. When he was apprehended, the court ordered execution of the two-year prison sentence and denied the defendant's motion to withdraw his plea.[108 Cal.Rptr.2d 490]
"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
Does a defendant who committed a crime under a different sentencing scheme that existed at the time he committed the crime be sentenced to a different sentence? (California, United States of America)
Can a defendant receive a separate sentence for unlawful acts committed at different times for different amounts of money against different victims? (California, United States of America)
What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)
What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)
Is a sentence for failing to attend a joint hearing on two separate charges under section 654 of the California Penal Code against a defendant convicted of failing to appear at the hearing of both insufficient funds cases? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
Is a trial court's failure to provide a statement of reasons for sentencing a defendant to a sentence that would have changed the sentence? (California, United States of America)
Does a defendant who accepts a plea agreement that includes a specified sentence have an implicit waiver of his right to challenge the sentence at the Court of Appeal? (California, United States of America)
Does the Attorney General have any obligation to oppose the sentencing of a defendant who failed to object at the time of sentencing? (California, United States of America)
Does a defendant have jurisdiction to execute the sentence imposed on a defendant who breached the terms of his plea agreement? (California, United States of America)
