Cruz waiver - Revision history

Sysop at 18:34, 11 April 2022

2022-04-11T18:34:03Z

← Older revision		Revision as of 18:34, 11 April 2022
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	(''People v. Masloski'' (2001) 25 Cal.4th 1212.)		(''People v. Masloski'' (2001) 25 Cal.4th 1212.)

			''People v. Rabanales'' (2008) 168 Cal.App.4th 494

Sysop at 18:33, 11 April 2022

2022-04-11T18:33:02Z

← Older revision		Revision as of 18:33, 11 April 2022
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	(''People v. Vargas'' (1990) 223 Cal.App.3d 1107.)		(''People v. Vargas'' (1990) 223 Cal.App.3d 1107.)

			(''People v. Masloski'' (2001) 25 Cal.4th 1212.)

Sysop at 01:20, 15 August 2018

2018-08-15T01:20:11Z

← Older revision		Revision as of 01:20, 15 August 2018
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	"A "''Cruz'' waiver" gives a trial court the power to “withdraw its approval of the defendant's plea and impose a sentence in excess of the bargained-for term,” if the defendant willfully fails to appear for sentencing. (''People v. Puente (2008) 165 Cal.App.4th 1143, 1146, fn. 3, citing People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5.)		"A "''Cruz'' waiver" gives a trial court the power to “withdraw its approval of the defendant's plea and impose a sentence in excess of the bargained-for term,” if the defendant willfully fails to appear for sentencing. (''People v. Puente (2008) 165 Cal.App.4th 1143, 1146, fn. 3, citing People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5.)


			(''People v. Vargas'' (1990) 223 Cal.App.3d 1107.)

Sysop at 23:29, 14 August 2018

2018-08-14T23:29:47Z

← Older revision		Revision as of 23:29, 14 August 2018
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	"We do not mean to imply by this holding that a defendant fully advised of his or her rights under section 1192.5 may not expressly waive those rights, such that if the defendant willfully fails to appear for sentencing the trial court may withdraw its approval of the defendant's plea and impose a sentence in excess of the bargained-for term. Any such waiver, of course, would have to be obtained at the time of the trial court's initial acceptance of the plea, and it must be knowing and intelligent."		"We do not mean to imply by this holding that a defendant fully advised of his or her rights under section 1192.5 may not expressly waive those rights, such that if the defendant willfully fails to appear for sentencing the trial court may withdraw its approval of the defendant's plea and impose a sentence in excess of the bargained-for term. Any such waiver, of course, would have to be obtained at the time of the trial court's initial acceptance of the plea, and it must be knowing and intelligent."
	(''People v. Cruz'' (1988) 44 Cal.3d 1247, 1254, fn. 5 [246 Cal.Rptr. 1, 752 P.2d 439].)		(''People v. Cruz'' (1988) 44 Cal.3d 1247, 1254, fn. 5 [246 Cal.Rptr. 1, 752 P.2d 439].)


			"A "''Cruz'' waiver" gives a trial court the power to “withdraw its approval of the defendant's plea and impose a sentence in excess of the bargained-for term,” if the defendant willfully fails to appear for sentencing. (''People v. Puente (2008) 165 Cal.App.4th 1143, 1146, fn. 3, citing People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5.)

Sysop: Created page with ""We do not mean to imply by this holding that a defendant fully advised of his or her rights under section 1192.5 may not expressly waive those rights, such that if the defend..."

2018-08-14T23:28:04Z

Created page with ""We do not mean to imply by this holding that a defendant fully advised of his or her rights under section 1192.5 may not expressly waive those rights, such that if the defend..."

New page

"We do not mean to imply by this holding that a defendant fully advised of his or her rights under section 1192.5 may not expressly waive those rights, such that if the defendant willfully fails to appear for sentencing the trial court may withdraw its approval of the defendant's plea and impose a sentence in excess of the bargained-for term. Any such waiver, of course, would have to be obtained at the time of the trial court's initial acceptance of the plea, and it must be knowing and intelligent."
(''People v. Cruz'' (1988) 44 Cal.3d 1247, 1254, fn. 5 [246 Cal.Rptr. 1, 752 P.2d 439].)