Cano

Cano v. Superior Court

Good Law
1999 Cal. App. LEXIS 586·72 Cal. App. 4th 1310·85 Cal. Rptr. 2d 774·99 Daily Journal DAR 6013·99 Cal. Daily Op. Serv. 4729
Court of Appeal of CaliforniaJune 15, 1999No. B130332California1,800 words

Opinion

Lead Opinion

Epstein, J.

This case is an example of how time is lost and justice undone by an effort to cut comers.

Under an apparent arrangement between a municipal court, a district of the superior court, and local prosecutors and public defenders, a “one stop” disposition program was initiated in the Citrus Municipal Court and the East District of respondent court. Under its provisions, a defendant could plead guilty at the felony preliminary hearing, upon which the magistrate would immediately certify the plea to the superior court. Then, wearing a superior court “hat” as a cross-assigned judge, the same bench officer would accept *1312 the plea and, upon defendant’s waivers, immediately sentence him to state prison. The defendant would begin to serve his prison term forthwith. At the same hearing, the case would be set on a nonappearance calendar, at which time a probation report would be reviewed and the trial court could call the defendant back, then set aside the plea and put the case back on track for trial and sentencing if the report turned up significant information not available when the original sentence was imposed. As the trial judge explained on the record in this case, everyone…

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