[Download] "People v. Cuevas" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Cuevas
- Author : Colorado Supreme Court
- Release Date : January 10, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Negotiated plea agreements may include a sentence "lid," which constrains the maximum sentence a trial court may impose but is less than the maximum exposure the defendant would otherwise face absent the agreed-upon lid. In People v. Shelton (2006) 37 Cal.4th 759, 763 (Shelton), we held that when a plea agreement specifies a sentence lid, "a challenge to the trial courts authority to impose the lid sentence is a challenge to the validity of the plea requiring a certificate of probable cause." Absent such certificate, a defendant may not later complain that the imposed sentence lid violated Penal Code section 654s proscription against multiple punishment, which in substance is a challenge to the pleas validity. (Shelton, supra, 37 Cal.4th at p. 769.)