Can a defendant, after pleading guilty to a misdemeanor, challenge on appeal a motion to dismiss on constitutional or statutory speedy trial grounds?

California, United States of America

The following excerpt is from People v. Egbert, 59 Cal.App.4th 503, 68 Cal.Rptr.2d 913 (Cal. App. 1997):

These cases come to us on certification from the appellate department of the superior court to decide whether a defendant, after pleading guilty to a misdemeanor, may challenge on appeal the denial of a motion to dismiss on constitutional or statutory speedy trial grounds. We conclude a claimed speedy trial violation, statutory or constitutional, does not survive a guilty plea in misdemeanor prosecutions. Accordingly, we affirm the judgments.

Page 915

People v. Egbert--D028399

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does a defendant have to appeal the denial of a speedy trial motion after he has pleaded guilty to a charge of assault? (California, United States of America)

When a defendant challenges on appeal a motion for a new trial on grounds of juror misconduct, does he accept the credibility determinations and findings of the trial court? (California, United States of America)

Can a defendant appeal for a certificate of probable cause for a motion of appeal against a finding of not guilty of a charge brought after pleading guilty? (California, United States of America)

If a defendant fails to file a motion to dismiss, does his speedy trial objection be forfeited because his attorney was ineffective in not challenging the rulings continuing the trial? (California, United States of America)

Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)

Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)

In deciding to plead guilty in a criminal case, has there ever been a finding that a defendant was not fully capable of rationally weighing the pros and cons of forgoing a trial and pleading guilty? (California, United States of America)

What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)

What is the test for dismissing a motion to dismiss a charge of assault on the grounds of speedy trial? (California, United States of America)

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

Can a defendant, after pleading guilty to a misdemeanor, challenge on appeal a motion to dismiss on constitutional or statutory speedy trial grounds?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources