Cruz waiver: Difference between revisions
(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...") |
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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.) | |||
Revision as of 23:29, 14 August 2018
"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].)
"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.)