Is there any case law where a defendant has not obtained a certificate of probable cause to challenge a maximum or lid sentence?

California, United States of America


The following excerpt is from People v. Garnica, F077720 (Cal. App. 2019):

5. As we view the record, Garnica did not agree to a "lid sentence" in which the trial court had discretion to enter a sentence of less than 11 years. (See People v. Buttram (2003) 30 Cal.4th 773, 776, 783-785 [no certificate of probable cause necessary where defendant agrees to a maximum or lid sentence and trial court still has discretion to impose a sentence less than the lid].) Garnica agreed to a total sentence of nine years in the first case, including a five-year sentence for the prior serious felony conviction enhancement, plus a consecutive two-year sentence for possession of a weapon in jail. This was a stipulated sentence. Defendants are estopped from complaining about a sentence when they agree to plead guilty to a specified sentence, as occurred here. Defendants who receive the benefit of their bargain are not allowed to trifle with the courts. (People v. Hester (2000) 22 Cal.4th 290, 295.) Because Garnica failed to obtain a certificate of probable cause, he has no basis upon which to challenge the sentence the trial court imposed.

Other Questions


In what circumstances will a defendant be able to challenge his conviction and sentence if he failed to obtain a certificate of probable cause? (California, United States of America)
Does a defendant have to obtain a certificate of probable cause to challenge the maximum allowable term in a criminal charge? (California, United States of America)
Is a defendant entitled to defendant's credits against his sentence if he obtained a certificate of probable cause? (California, United States of America)
Is a defendant required to obtain a certificate of probable cause to challenge a sentence imposed after a no contest plea? (California, United States of America)
Does a defendant need to obtain a certificate of probable cause to challenge their sentence? (California, United States of America)
Does a defendant have to obtain a certificate of probable cause to challenge a sentence in a criminal case? (California, United States of America)
Is a defendant required to have a certificate of probable cause to challenge a sentencing enhancement where the plea agreement does not specify a specific sentence? (California, United States of America)
Is a defendant's failure to obtain a certificate of probable cause barred her from challenging her conviction and sentence? (California, United States of America)
Does a defendant have to obtain a certificate of probable cause to challenge his sentence under section 654 of the California Criminal Code? (California, United States of America)
Is a certificate of probable cause necessary to challenge the exercise of individualized sentencing within an agreed maximum 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.