14 Cited authorities

Boykin v. Alabama
395 U.S. 238 (1969) Cited 13,231 times 12 Legal Analyses
Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here
McCarthy v. United States
394 U.S. 459 (1969) Cited 3,371 times 3 Legal Analyses
Holding that, if a plea is not "voluntary and knowing, it has been obtained in violation of due process and is therefore void"
Johnson v. Zerbst
304 U.S. 458 (1938) Cited 8,802 times 19 Legal Analyses
Holding that a waiver of constitutional rights must be knowing and intelligent
People v. French
43 Cal.4th 36 (Cal. 2008) Cited 523 times
In French, the defendant pleaded no contest to six counts of lewd and lascivious conduct with a child under the age of fourteen pursuant to a plea agreement in which he was to receive no more than eighteen years in prison.
People v. Villalobos
54 Cal.4th 177 (Cal. 2012) Cited 196 times
In Villalobos, we held that "mere silence by the parties and trial court concerning a statutorily mandated punishment does not make exclusion of the punishment a negotiated term of a plea agreement."
People v. Voit
200 Cal.App.4th 1353 (Cal. Ct. App. 2011) Cited 195 times
Applying statutes in effect at the time of defendant's crimes under ex post facto principles
People v. Hoffard
10 Cal.4th 1170 (Cal. 1995) Cited 204 times
Concluding that on appeal from a conviction based on a guilty plea, the appellate court may entertain cognizable claims not identified in defendant's statement of grounds and trial court's certificate of probable cause
People v. Castillo
49 Cal.4th 145 (Cal. 2010) Cited 132 times
Holding the Attorney General was judicially estopped from disavowing a stipulation calling for imposition of a two-year term of civil commitment of a sexually violent predator notwithstanding a change in intervening law (The Sexual Punishment and Control Act: Jessica's law, Proposition 83) that called for sexually violent predators to be committed indefinitely, even though "a stipulation similar to the one we consider in the present case now could not properly be negotiated, entered into, and enforced"
People v. Marlin
124 Cal.App.4th 559 (Cal. Ct. App. 2004) Cited 108 times
Concluding that the defendant's challenge to the factual basis supporting his plea was cognizable on appeal
People v. Newman
21 Cal.4th 413 (Cal. 1999) Cited 77 times
In Newman, supra, 21 Cal.4th 413, the prosecutor charged the defendant with being a felon in possession of a firearm (§ 12021) and alleged six prior felony convictions enhancements.

PEOPLE v. PALMER

14 Cited authorities

Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

Holding that, if a plea is not "voluntary and knowing, it has been obtained in violation of due process and is therefore void"

Holding that a waiver of constitutional rights must be knowing and intelligent

In French, the defendant pleaded no contest to six counts of lewd and lascivious conduct with a child under the age of fourteen pursuant to a plea agreement in which he was to receive no more than eighteen years in prison.

In Villalobos, we held that "mere silence by the parties and trial court concerning a statutorily mandated punishment does not make exclusion of the punishment a negotiated term of a plea agreement."

Applying statutes in effect at the time of defendant's crimes under ex post facto principles

Concluding that on appeal from a conviction based on a guilty plea, the appellate court may entertain cognizable claims not identified in defendant's statement of grounds and trial court's certificate of probable cause

Concluding that the defendant's challenge to the factual basis supporting his plea was cognizable on appeal

In Newman, supra, 21 Cal.4th 413, the prosecutor charged the defendant with being a felon in possession of a firearm (§ 12021) and alleged six prior felony convictions enhancements.