When a defendant has entered a plea of guilty to a charge of diminished culpability, can he appeal against his sentence for failing to attend trial?

California, United States of America


The following excerpt is from People v. Zamora, 230 Cal.App.3d 1627, 282 Cal.Rptr. 100 (Cal. App. 1991):

" 'Gradations of culpability' are troublesome to distinguish where a defendant has entered a plea of guilty. When a defendant pleads guilty to a crime not divided into degrees, or when he pleads guilty to a particular degree of crime, no trial is held concerning guilt and there are no controverted issues since every element of the crime is admitted. [Citations.] His right to appeal is confined rationally and necessarily to fundamental errors. [Citation.] [p] ... In this case, facts of the offense ... which would have been his defense had he gone to trial are necessary for consideration of disproportionality concerning 'gradations' of the offense. As such, they are not cognizable on appeal following a guilty plea. (See People v. Sabados, [230 Cal.App.3d 1636] supra, 160 Cal.App.3d 691 [206 Cal.Rptr. 799].) The only question would be whether the court properly considered factors in mitigation at sentencing. (Cal. Rules of Court, rule 423.)" (People v. Hunt, supra, 174 Cal.App.3d at pp. 107-108, 219 Cal.Rptr. 731, fn. omitted.)

For the above reasons, we conclude defendant's proportionality argument is foreclosed by his guilty pleas.

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