What is the effect of Rule 412(b) of the California Criminal Code on a plea bargain where a defendant is required to raise a section 654 claim at the time the plea agreement is recited?

California, United States of America


The following excerpt is from People v. Hester, 69 Cal.App.4th 899, 81 Cal.Rptr.2d 791 (Cal. App. 1999):

I believe that by requiring that a defendant raise a section 654 claim at the time the plea agreement is recited on the record, rule 412(b) promotes uniformity in sentencing and promotes the purpose of section 654. Rule 412(b) ensures that the trial court is alerted to any potential section 654 issues at a time when it can gather all evidence necessary to make a proper determination--for instance, by holding an evidentiary hearing--thereby creating a record sufficient for appellate review of the issue. (See People v. Rosenberg (1963) 212 Cal.App.2d 773, 776, 28 Cal.Rptr. 214.) Without a trial or a sufficient record, it would be difficult for an appellate court to make a proper section 654 determination. Rule 412(b) therefore guarantees that, in plea bargain cases, the section 654 determination will be made in [69 Cal.App.4th 909] light of all available relevant evidence rather than on a potentially bare appellate record, thus promoting uniformity in sentencing and ensuring the defendant's punishment is commensurate with his or her culpability.

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