California, United States of America
The following excerpt is from People v. Havens, C087536 (Cal. App. 2020):
We next consider the matter of remedy. Citing People v. Hester (2000) 22 Cal.4th 290, defendant concedes that because she pleaded no contest in return for a 17-year stipulated sentence, she is estopped from challenging on appeal the sentence imposed in May 2018 based on the April 2018 plea. In such situations, "appellate courts will not find error even though the trial court acted in excess of jurisdiction in reaching that figure, so long as the trial court did not lack fundamental jurisdiction. The rationale behind this policy is that defendants who have received the benefit of their bargain should
Page 9
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.