What is the proper review standard and what is the impact of prejudicial misadvisation on a defendant's life?

California, United States of America


The following excerpt is from People v. Vivar, 11 Cal.5th 510, 278 Cal.Rptr.3d 2, 485 P.3d 425 (Cal. 2021):

the profound and substantial consequences of a prejudicial misadvisement on a defendant's life. (Cf. People v. Ault (2004) 33 Cal.4th 1250, 1265, 17 Cal.Rptr.3d 302, 95 P.3d 523 ( Ault ) ["the proper review standard is influenced in part by the importance of the legal rights or interests at stake "]; id . at p. 1266, 17 Cal.Rptr.3d 302, 95 P.3d 523 ["another important

[11 Cal.5th 525]

consideration in determining the appropriate standard of review is the consequences of an erroneous determination in the particular case"].)

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