People v. Aparicio
Decision Date | 02 August 1999 |
Docket Number | No. D029871,D029871 |
Citation | 87 Cal.Rptr.2d 750,74 Cal.App.4th 286 |
Parties | , 99 Cal. Daily Op. Serv. 6677, 1999 Daily Journal D.A.R. 8515 The PEOPLE, Plaintiff and Respondent, v. Luis Ramon APARICIO, Defendant and Appellant. |
Court | California Court of Appeals Court of Appeals |
Steven Schorr, San Diego, under appointment by the Court of Appeal, for the Defendant and Appellant.
Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and Robert L. Mukai, Chief Assistant Attorneys General, Gary W. Schons and Margaret A. Rodda, Assistant Attorneys General, Randall D. Einhorn, Deputy Attorney General, for Plaintiff and Respondent.
A jury found defendant Luis Ramon Aparicio guilty of burglary of a vehicle (PEN.CODE, § 459)1; attempted unlawful driving or taking of a vehicle (Veh.Code, § 10851, subd. (a)); possession of paraphernalia used for narcotics (Health & Saf.Code, § 11364) and resisting an officer (§ 148, subd. (a)). The jury found Aparicio not guilty of petty theft (§ 484). The court found to be true allegations that Aparicio had two prior serious and violent felony convictions (§ 667, subds. (b)-(i)) and two prior prison term convictions (§ 667.5, subd. (b)). The court sentenced Aparicio to 27 years to life in state prison.
When the court clerk announced the verdict on the vehicular burglary charge, Aparicio reacted violently and had to be restrained by courtroom bailiffs. As a result of that altercation, Aparicio was charged in superior court case No. SCD130314 with felony attempted escape from custody with force (§ 4532, subd. (b)); two counts of resisting an officer and attempting to remove a firearm from an officer (§ 148, subd. (d)); three counts of battery on a peace officer (§ 243, subd. (b)); and resisting an executive officer (§ 69). In addition, two prior serious and violent felony convictions and two prior prison term convictions were alleged against Aparicio.
Aparicio entered into a plea agreement in the second case. Under that agreement he pled guilty to the charges and waived his right to appeal his convictions in the instant case in exchange for the dismissal of the two "strike" priors, resulting in a sentence of four years in state prison to be served consecutively to the term imposed in the instant case. 2 Seeking to enforce the plea agreement, the People have filed a motion in this court to dismiss the instant appeal. We grant the People's motion and dismiss the appeal.
(People v. Panizzon (1996) 13 Cal.4th 68, 80, 51 Cal.Rptr.2d 851, 913 P.2d 1061.) As the Court of Appeal noted in People v. Vargas (1993) 13 Cal.App.4th 1653, 1659, 17 Cal.Rptr.2d 445: "The right to appeal a criminal conviction has no roots in the United States or California Constitutions (People v. Panizzon, supra, 13 Cal.4th at p. 80, 51 Cal.Rptr.2d 851, 913 P.2d 1061.)
and is a statutory right only. [Citations.] If a defendant may waive important constitutional rights by pleading guilty, it follows a fortiori that a defendant may expressly waive his statutory right to appeal as part of a plea agreement...."
After Aparicio's counsel in the subsequent case informed the court that Aparicio was willing to waive his right to appeal in the instant case, the following exchange occurred:
To continue reading
Request your trial-
People v. Cisneros-Ramirez
...that a defendant may expressly waive his statutory right to appeal as part of a plea agreement ....’ " ( People v. Aparicio (1999) 74 Cal.App.4th 286, 289, 87 Cal.Rptr.2d 750, citing People v. Panizzon (1996) 13 Cal.4th 68, 80, 51 Cal.Rptr.2d 851, 913 P.2d 1061 ( Panizzon ).)Similarly, "[b]......
-
Watson v. State
...N.Y.S.2d 59 (1999)("A defendant may waive the right to appeal as part of a bargained-for plea agreement."); People v. Aparicio, 74 Cal.App.4th 286, 289, 87 Cal. Rptr.2d 750 (1999) ("`The right to appeal a criminal conviction has no roots in the United States or California Constitutions and ......
-
The PEOPLE V. JAMES
...a fortiori that a defendant may expressly waive his statutory right to appeal as part of a plea agreement....' " (People v. Aparicio (1999) 74 Cal.App.4th 286, 289, citing People v. Panizzon (1996) 13 Cal.4th 68, 80.) "[T]herefore, an express waiver of the right of appeal made pursuant to a......
-
People v. Butler, A121717 (Cal. App. 5/12/2009)
...a fortiori that a defendant may expressly waive his statutory right to appeal as part of a plea agreement . . . .' " (People v. Aparicio (1999) 74 Cal.App.4th 286, 289, citing People v. Panizzon (1996) 13 Cal.4th 68, 80 .) "[T]herefore, an express waiver of the right of appeal made pursuant......