What is the scope of a defendant's express waiver of appeal rights?

California, United States of America


The following excerpt is from The People v. Segars, F058595, No. CRF22381 (Cal. App. 2010):

It is clear from the above summary of the parties' arguments that the key issue before us is the scope of appellant's waiver. The scope of a defendant's express waiver of appeal rights, entered as part of a plea agreement, is approached like a question of contract interpretation"to what did the parties expressly or by reasonable implication agree?" (People v. Uriah R. (1999) 70 Cal.App.4th 1152, 1157.) Using the paradigm of contract law, we consider the specific language of the plea agreement to ascertain the expressed intent of the parties, and we seek to carry out the parties' reasonable expectations under the circumstances. (People v. Nguyen (1993) 13 Cal.App.4th 114, 120.)

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