People v. Steward CA2/4

California Court of Appeal May 5, 2016 No. B264004Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court affirmed the judgment because the defendant failed to obtain a certificate of probable cause required to challenge the validity of a negotiated plea agreement and sentence.

Issues

Whether the defendant's challenge to a negotiated sentence constitutes an attack on the validity of the plea requiring a certificate of probable cause.
Whether the defendant waived claims regarding section 654 double punishment by stipulating to the sentence in a plea agreement.
Whether the great bodily injury enhancement was improperly applied to a manslaughter conviction.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The law is settled that when a defendant challenges the very sentence that was negotiated as part of a plea bargain, he or she is attacking the validity of the plea.”

“The failure to comply with section 1237.5 is a fatal defect.”

“Unless a claim that a sentence violates section 654’s prohibition of double punishment is raised at the time the settlement agreement is recited on the record, the claim is waived.”

Filed 5/5/16 P. v. Steward CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B264004

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA405643) v.

MARSAE DEWAYNE STEWARD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, James R. Brandlin, Judge. Affirmed. Alex Green, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ___________________________________

Defendant Marsae Dewayne Steward filed a notice of appeal from a judgment of conviction based on a negotiated settlement agreement. He did not obtain a certificate of 1 probable cause from the trial court. (Pen. Code, § 1237.5.) His counsel filed a Wende brief which raised no issues. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was provided with a copy of the record, and advised of his rights to submit a supplemental brief and seek new counsel. Defendant filed a supplemental brief requesting a certificate 2 of probable cause, claiming his sentence was unauthorized, excessive, and illegal. For the reasons that follow, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND By an amended information filed in January 2015, defendant was charged in count 1 with first degree murder, with malice, of Vincent Cleveland M. (§ 187, subd. (a), count 1.) As to that victim, he also was charged in count 2 with voluntary manslaughter, without malice, upon a sudden quarrel and heat of passion, and with personal use of a deadly weapon, a knife (§§ 192, subd. (a), 12022, subd. (b)(1)), and as to count 3, it was alleged that defendant committed assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)), with personal infliction of great bodily injury (§ 12022.7, subd. (a)). Two prior serious and/or violent felony convictions also were alleged (§§ 667, subd. (a)(1), 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). Before trial, the prosecution offered to dismiss the murder charge (count 1)— which, with enhancements, carried a possible maximum sentence of 56 years to life—if

People v. Steward CA2/4

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B264004

MARSAE DEWAYNE STEWARD,

More from California Court of Appeal

Related research

WILLHITE, J.

MANELLA, J.

AI Brief