Law Office of Joyce Holcomb

The modification of the judgment does not require the consent of the parties

The Code of Criminal Procedure provides for the possibility of a conviction without a hearing, with the consent of the accused, who will sign an agreement with the prosecutor and agree with him a penalty or a punitive measure \. Such a sentence is not legally valid and can be appealed with an appeal. In some case there was a doubt whether the court of appeal – if it finds a basis – may change the judgment issued in such proceedings on general terms, or the change requires the consent of the parties (in the absence of consent the appeal court would only have to set aside the judgment and hand it over to the court) first instance for reconsideration). This issue – in the composition of seven judges – was examined by the Supreme Court, which adopted a resolution:

Of the more important motives of the resolution, it is worth quoting that the Code of Criminal Procedure does not contain any restrictions on appeals against decisions issued as a result of the parties' agreement. Consequently, the Code also does not provide for any restrictions on the possible decisions of the court of appeal.

An agreement between the accused and the prosecutor (which may only relate to criminal penalties or measures) is aimed at speeding up the proceedings and does not entail any appeal proceedings at all. However, it is not possible to deprive the parties of the opportunity to appeal the judgment. According to the Supreme Court, the lodging of the appeal nullifies the objectives of the agreement (leads to the prolongation of the proceedings), and this means its severance. Thus, the agreement is no longer transferred to appeal proceedings.

Need a modification of judgement San Bernardino lawyer? Contact Law Office of Joyce Holcomb a family law firm in San Bernardino for help in your case.