People v. Fox’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “has accepted a plea bargain[, it] is bound to impose a sentence within the limits of that bargain.... Should the court consider the plea bargain to be unacceptable, its remedy is to reject it, not to violate it, directly or indirectly.' " [Citation.] In other words, a court is prohibited 'from unilaterally modifying the terms of the bargain without affording-or after it has become impossible to afford-an opportunity to the aggrieved party to rescind the plea agreement and resume proceedings where they left off.' [Citation.] Nothing in Senate Bill No. 620 suggests that, upon becoming effective, it empowers a trial court to disregard the express terms of a plea agreement by imposing a sentence that does not reflect an agreed-upon term for a firearm enhancement. Thus, we cannot agree with Fox that the new law entitles him to 'whittle down' his sentence by two-thirds, to five years, while otherwise retaining the benefits of a bargain that resulted in the dismissal of numerous other charges and allowed him to avoid a potential life sentence.”

   1 later decision quote this exact passage
   e.g. People v. Galindo

2. “Hurlic 's initial premise that a conflict exists between the line of authority involving certificates of probable cause and the line of authority recognizing Senate Bill No. 620's retroactive effect, requiring a determination of which authority 'prevails.' [Citation.] Just because Senate Bill No. 620 applies to Fox 's nonfinal judgment after a plea does not mean that Fox 'is entitled to have the trial court exercise its discretion' under the new law without regard to other legal requirements.”

   1 later decision quote this exact passage
   e.g. People v. Galindo

3. “'In determining whether section 1237.5 applies to a challenge of a sentence imposed after a plea of guilty or no contest, courts must look to the substance of the appeal: 'the crucial issue is what the defendant is challenging, not the time or manner in which the challenge is made.' [Citation.] Hence, the critical inquiry is whether a challenge to the sentence is in substance a challenge to the validity of the plea, thus rendering the appeal subject to the requirements of section 1237.5.”

   1 later decision quote this exact passage
   e.g. People v. Galindo