People v. Vochatzer CA3

California Court of Appeal Dec 18, 2015 No. C079271MUnpublished

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Holding. The court affirmed the trial court's denial of the defendant's motion to correct a sentence imposed pursuant to a negotiated plea agreement, holding that the defendant could not challenge the legality of the sentence after receiving the benefit of his bargain.

Issues

Whether a defendant who entered into a negotiated plea agreement may challenge the legality of a component of that sentence post-judgment.
Whether the trial court erred in declining to recall the defendant's sentence.

Disposition. affirmed

Quotations verified verbatim against the opinion

“those] who have received the benefit of their bargain should not be allowed to trifle with the courts by attempting to better [it] through the appellate process.”

“Defendant is thus precluded from arguing that any part of his sentence was unauthorized.”

Filed 12/18/15 P. v. Vochatzer CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C079271

Plaintiff and Respondent, (Super. Ct. No. CFR052373)

v. ORDER MODIFYING OPINION

CHRISTOPHER JON VOCHATZER II, [CHANGE IN JUDGMENT]

Defendant and Appellant.

THE COURT:

It is ordered that the nonpublished opinion filed herein on December 16, 2015, be modified as follows:

The Disposition, which read: “The appeal is dismissed.” is changed to read: “The order is affirmed.”

This modification effects a change in the judgment.

BY THE COURT:

BUTZ , Acting P. J.

MAURO , J.

HOCH , J.

Filed 12/16/15 P. v. Vochatzer CA3 (unmodified version) NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C079271

Plaintiff and Respondent, (Super. Ct. No. CFR052373)

People v. Vochatzer CA3

AI Brief

THE PEOPLE, C079271

MAURO , J.

HOCH , J.

THE PEOPLE, C079271

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CHRISTOPHER JON VOCHATZER II,

FACTUAL AND PROCEDURAL BACKGROUND

DISCUSSION

DISPOSITION

MAURO , J.

HOCH , J.

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