Posted On: November 14, 2007
CRUZ WAIVERS; PLEA AGREEMENTS V. COURT IMPOSITION-CALIFORNIA CRIMINAL DEFENSE LAWYERS NEED TO KEEP THEIR EYES OPEN
In Cruz (44 C3d 1247), the California Supreme Court upheld a term of a plea
bargain that permits the court to sentence in excess of the lid agreed upon -- if the defendant fails to appear for sentencing. This led to the infamous Cruz waivers, now routinely imposed upon our clients.
This Court of Appeal distinguishes Cruz waivers which are expressly part of a plea agreement, versus Cruz waivers which are just imposed by the court. They find the
latter here; the Cruz waiver was just an afterthought by the judge, unilaterally imposed. The court can do this on its own, but then it has to permit the defendant to withdraw his plea.
People v. Hebert; 2007 DJ DAR 16874; DJ, 11/14/07; C/A 3rd
