Opinion

People v. Jones

  • 33 Cal. App. 4th 1087
  • 39 Cal. Rptr. 2d 530
  • 95 Daily Journal DAR 4119
  • 95 Cal. Daily Op. Serv. 2424
  • 1995 Cal. App. LEXIS 309
Court
California Court of Appeal
Filed
Mar 31, 1995
Status
Published
Author
Premo
On the bench
Bamattre-Manoukian
Cited by
21 cases

The opinion

*1095 PREMO, Acting P. J.

I respectfully dissent. The trial court herein rendered an invalid sentence. Rectifying this mistake does not affect defendant’s no contest plea. It does not impose a burden on judicial resources to correct the error, in my opinion.

The majority opinion, however, though understandably concerned about the statutory scheme of Penal Code section 1237.5, nonetheless perpetuate the mistake of the trial court by dismissing this appeal. The defendant is thus left to proceed by petition for writ of habeas corpus which will duplicate this entire appellate process.

I believe this case is amenable to the same analysis as People v. Flores * (CaLApp.).

Appellant’s petition for review by the Supreme Court was denied June 28, 1995.

Rehearing granted April 12, 1995. Opinion (H012232) filed May 22, 1995, not for publication.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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