What is the effect of a trial court's failure to advise a defendant of a possible parole or PRCS term?

California, United States of America


The following excerpt is from People v. Sanchez, 2d Crim. B297828 (Cal. App. 2020):

Even if appellant's claim had been preserved, it is meritless. Courts have held that a trial court's "procedural oversight" in failing to advise of a possible parole or PRCS term under section 1170, subdivision (c) is not subject to relief "without analysis as to whether the defendant was harmed by the error." (People v. McMillion (1992) 2 Cal.App.4th 1363, 1370 (McMillion).) In cases involving a guilty plea, the failure to advise the defendant of the possibility of a parole or PRCS term is harmless unless it is reasonably probable the defendant would have entered a different plea had he or she been properly advised. (Ibid.; see In re Chambliss (1981) 119 Cal.App.3d 199, 201, 203 [rejecting the defendant's argument that because he was not advised of the possibility of a parole term, his plea bargain should be construed as requiring parole-free release].)

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