People v. Allen CA1/1

California Court of Appeal Aug 29, 2024 No. A167971Unpublished

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Holding. A defendant who entered into a negotiated plea agreement nearly 30 years prior is estopped from challenging the validity of that plea, as the trial court possessed fundamental jurisdiction and the defendant has already accepted the benefits of the bargain.

Issues

Whether a defendant is estopped from withdrawing a nolo contendere plea nearly 30 years after the entry of a negotiated disposition.
Whether the trial court lacked fundamental jurisdiction to accept a plea that may not have been statutorily authorized.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“In the absence of exceptional circumstances, a party has no right to attack a voidable judgment long after it is final”

Filed 8/29/24 P. v. Allen CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A167971 v. PAMELA MARIA ALLEN, (San Mateo County Super. Ct. No. SC035484A) Defendant and Appellant.

MEMORANDUM OPINION1 In 1994, defendant Pamela Maria Allen stabbed her sister and shot two men for no apparent reason. (People v. Allen (Feb. 7, 2005, A105804) [nonpub. opn.] (Allen I) at [2].)2 She was subsequently diagnosed with paranoid schizoaffective disorder. (People v. Allen (Jan. 24, 2022, A162774) [nonpub. opn.] (Allen II) at [2]; Allen I, supra, A105804, at [2].)

This appeal is appropriately resolved by memorandum 1

opinion in accordance with California Standards of Judicial Administration, section 8.1.

We take judicial notice on our own motion of our prior opinions 2

in defendant’s appeals from orders extending her commitment to the Department of State Hospitals. (Evid. Code, §§ 452, subd. (a), 459.)

People v. Allen CA1/1

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

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