California, United States of America
The following excerpt is from The PEOPLE V. JAMES, A124954, A126576, No. C160389 (Cal. App. 2010):
Other factors support a finding that defendant's waiver of his appeal rights extends to the probation conditions. Defendant entered into a negotiated disposition which granted him significant benefits in the nature of dismissal of a multitude of charges and the promise of a suspended sentence and grant of probation, an outcome far below the maximum potential punishment. (See People v. Kelly (1994) 22 Cal.App.4th 533, 535-536.) The punishment subsequently imposed, including the specification of the probation conditions, did not deviate from the promised disposition. The beneficial result was an obvious motivation for the plea. In return, the People reasonably expected to receive the benefit of avoiding any risk of reversal of the probation conditions imposed by the trial court. We are persuaded that waiver of the right to appeal the validity of the probation conditions was within the reasonable expectation of the parties. Defendant may not receive the benefit of a bargain that avoids a potentially harsher sentence by entering a plea in exchange for a waiver of rights, then seek to avoid the waiver so as to improve the bargain on appeal. (See People v. Chatmon (2005) 129 Cal.App.4th 771, 773; People v. Vera (2004) 122 Cal.App.4th 970, 983.)
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