People v. Fox
Annotate this CaseFox was charged with eight felony counts, including two counts of attempted murder, and several firearm enhancements. He pleaded guilty to a single count of robbery, admitted to personally using a firearm during the offense, and agreed to be sentenced to 15 years in prison, including 10 years for the firearm enhancement. The trial court sentenced Fox accordingly. Fox appealed without obtaining a certificate of probable cause, arguing that under Senate Bill 620, he is entitled to a remand, not to withdraw his plea, but to ask the trial court to exercise its discretion under the new legislation to strike the firearm enhancement. The court of appeal rejected Fox’s claim. SB 620 applies to defendants whose judgments were not final when the law took effect, permits those who did not agree to serve a specific term for a firearm enhancement to seek resentencing, and permits those who did agree to a specific sentence to seek to withdraw from their pleas. It does not authorize trial courts to reduce agreed-upon sentences while otherwise permitting defendants to retain the benefits of their plea agreements and avoid the risk of having to continue defending against the charges. Fox entered his plea after SB 620 was passed but was sentenced before it took effect; the only relief Fox could obtain under SB 620 would require him to seek to withdraw his plea.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.