What is the test for challenging a sentence in a criminal case?

California, United States of America


The following excerpt is from People v. Hernandez, B302642 (Cal. App. 2020):

Appellant did not challenge his plea agreement or his agreed-upon sentence in the trial court at any time. If he is now dissatisfied with the sentence to which he agreed and intends, by his supplemental brief, to challenge that sentence now, he cannot proceed in this court without first obtaining a certificate of probable cause from the trial court. (People v. Buttram (2003) 30 Cal.4th 773, 784-785 [a challenge to a sentence actually challenges the validity of the plea if the sentence is part of a plea bargain, requiring a certificate of probable cause to proceed on appeal].)

The judgment is affirmed.

Other Questions


Can a sentence under section 654 of the California Criminal Code be challenged at the Court of Appeal on the grounds that the sentence was improperly sentenced? (California, United States of America)
What is the test for remand in a criminal case where a defendant's sentence was based on an incorrect assessment of his criminal record? (California, United States of America)
What are the reasons for a sentencing court to sentence a defendant to two consecutive terms of consecutive sentences under section 654 of the Criminal Code? (California, United States of America)
Does section 1170.1 of the California Criminal Code apply to separate criminal cases that are sentenced separately but ordered to run concurrently? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
What is the test for sentencing a defendant to five separate sentences for making a criminal threat under section 654 of the Criminal Code? (California, United States of America)
What is the impact of race discrimination in sentencing sentencing in criminal cases? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
What is the test for vacating a sentence in a criminal case when the sentence was found to be unenforceable under the Penal Code? (California, United States of America)
Can a convicted criminal who has completed his sentence for a crime that was reduced to a misdemeanor under Proposition 47, under section 1170.18 of the California Criminal Code, appeal against his sentence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.