People v. Scott CA2/6

California Court of Appeal Feb 24, 2015 No. B252018MUnpublished

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Holding. The court affirmed the defendant's conviction and sentence, holding that the defendant was estopped from challenging the plea agreement on appeal after receiving the benefit of his bargain and that the trial court did not abuse its discretion in finding a factual basis for the plea.

Issues

Whether a plea agreement violates Penal Code section 1192.7 when the defendant fails to object at trial.
Whether the trial court erred in finding a factual basis for a firearm enhancement under Penal Code section 1192.5.
Whether a prosecutor's misstatement regarding a firearm enhancement during a plea colloquy deprives the court of jurisdiction to sentence the defendant.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Appellant forfeited the error by not objecting at trial.”

“The trial court did not abuse its discretion in accepting counsel's stipulation.”

“Having received the benefit of his plea bargain, appellant is not permitted to trifle with the courts by attempting to better the bargain through the appellate process.”

Filed 2/24/15 P. v. Scott CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B252018 (Super. Ct. No. SA078285) Plaintiff and Respondent, (Los Angeles County) No Change in Judgment v. MODIFICATION OF OPINION

DEMONE SCOTT,

Defendant and Appellant.

THE COURT: The opinion filed herein on February 18, 2015, is modified as follows: On page 5, the name of the appointed attorney for the appellant should read Sylvia Whatley Beckham and not SylviaWbatley. No Change in Judgment Not for Publication.

Filed 2/18/15 P. v. Scott CA2/6 (unmodified version) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B252018 (Super. Ct. No. SA078285) Plaintiff and Respondent, (Los Angeles County)

People v. Scott CA2/6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

DEMONE SCOTT,

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

DEMONE SCOTT,

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