When a defendant enters a plea of guilty to a charge of assault with intent to pervert the course of justice, is the error waived if not raised at or before sentencing?
California, United States of America
The following excerpt is from People v. Walker, 1 Cal.Rptr.2d 902, 54 Cal.3d 1013, 819 P.2d 861 (Cal. 1991):
Thus, when the only error is a failure to advise of the consequences of the plea, the error is waived if not raised at or before sentencing. Upon a timely objection, the sentencing court must determine whether the error prejudiced defendant, i.e., whether it is "reasonably probable" the defendant would not have pleaded guilty if properly advised. (People v. Glennon, supra, 225 Cal.App.3d at p. 105, 276 Cal.Rptr. 1.)
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