Does a convicted defendant have a right of appeal against his sentence?

California, United States of America


The following excerpt is from People v. Panizzon, 13 Cal.4th 68, 51 Cal.Rptr.2d 851, 913 P.2d 1061 (Cal. 1996):

Convicted defendants generally enjoy a right of appeal under state law. (Pen.Code, 1237.) If they can waive this right at all, they must do so "knowing[ly], intelligent[ly] and voluntar[il]y." (People v. Vargas (1993) 13 Cal.App.4th 1653, 1657, 1659, 17 Cal.Rptr.2d 445.) Defendant seems not to have made his purported waiver knowingly. His claim of disproportionality depends in part on the sentences meted out to his codefendants. It appears that he was not aware of such sentences at the time of his purported waiver. (See People v. Vargas, supra, 13 Cal.App.4th at pp. 1662-1663, 17 Cal.Rptr.2d 445.)

Other Questions


Does a defendant have a right to represent himself in a motion to appeal his conviction and death sentence? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
What is the impact of a death sentence on a defendant's right to appeal against his sentence? (California, United States of America)
What is the impact of a death sentence on a defendant's right to appeal against his sentence? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
Does a defendant have to waive his right to a jury to appeal his conviction on appeal of a jury selection error? (California, United States of America)
If a defendant waives his appeal against his sentence because his codefendants later negotiate and receive sentences more lenient than his, would that waiver of appellate rights be enforceable? (California, United States of America)
Can the Court of Appeal strike a sentence of death against a defendant who has been convicted of murder and sentenced to death by reason of gross negligence? (California, United States of America)
Does a defendant who accepts a plea agreement that includes a specified sentence have an implicit waiver of his right to challenge the sentence at the Court of Appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.