California, United States of America
The following excerpt is from People v. Shuemake, A153884 (Cal. App. 2019):
A defendant may waive the right to appeal as part of a plea bargain where the waiver is knowing, intelligent and voluntary. (People v. Panizzon, supra, 13 Cal.4th at p. 80.) "[A] waiver that is nonspecific, e.g., 'I waive my appeal rights' or 'I waive my right to appeal any ruling in this case,' " is considered a general waiver. (Id. at p. 85, fn. 11.) "A broad or general waiver of appeal rights ordinarily includes error occurring before but not after the waiver because the defendant could not knowingly and intelligently waive the right to appeal any unforeseen or unknown future error. [Citation.] Thus, a waiver of appeal rights does not apply to ' "possible future error" [that] is outside the defendant's contemplation and knowledge at the time the waiver is made.' " (People v. Mumm (2002) 98 Cal.App.4th 812, 815.)
"The burden is on the party claiming the existence of the waiver to prove it by evidence that does not leave the matter to speculation, and doubtful cases will be resolved against a waiver. [Citation.] The right of appeal should not be considered waived or
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abandoned except where the record clearly establishes it. [Citation.]" (People v. Vargas (1993) 13 Cal.App.4th 1653, 1662.)
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