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Category - Sentencing

21
Nov

PLEADING GUILTY BARS AN APPEAL BASED ON LACK OF FACTS TO SUPPORT CHARGES

The defendant pled guilty. He admitted a factual basis for the plea. He then moved to withdraw his plea, on the basis that with respect to two of the victims, there were no facts showing that the sexual acts (on minors) were done by force or duress; if this were true, there would be insufficient …

13
Mar

CALIFORNIA CRIMINAL DEFENSE: NEW IMMIGRATION CASE MANDATES NEW ADMONITIONS TO DEFENDANTS

In People v. Bonilla, the inth Circuit Court of Appeals has held that: “A criminal defendant who faces almost certain deportation is entitled to know more than that it is possible that a guilty plea could lead to removal; he is entitled to know that it is a virtual certainty.” Previously, criminal defendants pleading guilty …

8
Feb

CALIFORNIA CRIMINAL DEFENSE: MANDATORY NO-CONTACT ORDERS WITH UNDERAGE SEX VICTIMS

California Penal Code section 1202.05(a) says that the sentencing court must impose a no-contact order barring contact between the defendant and any victim of a sex count under the age of 18. The defendant here was convicted of various counts, but the sex counts where the victims were under 18 were dismissed. But the court …

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