What is the effect on a defendant's ability to challenge his sentence on appeal?

California, United States of America


The following excerpt is from People v. Lee, E062961 (Cal. App. 2015):

Second, defendant is estopped from complaining about his sentence. (People v. Hester (2000) 22 Cal.4th 290, 295; People v. Couch (1996) 48 Cal.App.4th 1053, 1056-1058.) "The rule that defendants may challenge an unauthorized sentence on appeal even if they failed to object below is itself subject to an exception: Where the defendants have pleaded guilty in return for a specified sentence, 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

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defendants who have received the benefit of their bargain should not be allowed to trifle with the courts by attempting to better the bargain through the appellate process." (People v. Hester, supra, 22 Cal.4th at p. 295.) Defendant received the benefits of his bargain and the People are entitled to its benefits too. Defendant cannot be allowed to trifle with the courts.

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