People v. Alexander
Annotate this CaseAlexander pled no contest to forcible rape; kidnapping; injuring a spouse, cohabitant, partner, or parent of child; and attempted murder. Additional charges and sentencing enhancement allegations were dismissed. The court accepted his plea as freely and voluntarily made. At the sentencing hearing, Alexander moved to withdraw his plea on the ground his medication rendered him incapable of understanding its consequences. The trial court denied the request, imposed a total sentence of 13 years and eight months, and ordered a $6,000 victim restitution fine, a $6,000 parole revocation fine to be imposed and suspended, and court fees. The court of appeal rejected an argument the trial court violated an implicit term of the plea agreement that the restitution fine would be the statutory minimum of $300 as not cognizable under Penal Code 1237.2. Effective January 1, 2016, section 1237.2 provides: “An appeal may not be taken … on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction in the trial court.”
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