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iLaw Dictionary
California
Law Dictionary
Punishment For Exercising a Constitutional Right is a Violation of Due Process
(In re Edy B)
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Criminal-Law-Punishment For Exercising a Constitutional Right is Violation of Due Process In re Edy B

DISCUSSION

Appellant contends his due process rights were violated in that he was punished for exercising his constitutional rights. We agree.

“It is well settled that to punish a person for exercising a constitutional right is ‘a due process violation of the most basic sort.’ [Citation.] The constitutional right to trial by jury in criminal prosecutions is fundamental to our system of justice [citations]; thus, [our Supreme Court has] stated that ‘only the most compelling reasons can justify any interference, however slight, with an accused’s prerogative to personally decide whether to stand trial or to waive his rights by pleading guilty.’ [Citation.] ‘A court may not offer any inducement in return for a plea of guilty or nolo contendere. It may not treat a defendant more leniently because he foregoes his right to trial or more harshly because he exercises that right.’ [Citation.]” (In re Lewallen (1979) 23 Cal.3d 274, 278-279.)

The court’s statement that if the minor inconvenienced witnesses by having them come to court for an adjudication hearing, the option of a disposition under Welfare and Institutions Code section 725, subdivision (a) would no longer be available to him, reveals that the court gave consideration to the minor’s election to exercise his right to an adjudication. That he chose not to admit the allegation “is completely irrelevant at sentencing; if a judge bases a sentence, or any aspect thereof, on the fact that such a plea is entered, error has been committed and the sentence cannot stand.” (In re Lewallen, supra, 23 Cal.3d 274, 279.) We conclude that the court’s statement indicates the court was basing the minor’s disposition at least in part on the fact that he declined the disposition prior to the adjudication. (See In re Lawanda L. (1986) 178 Cal.App.3d 423, 432-433.)

In re Edy B-B166775-7/26/04

Jul 26 2004

B166775
[PDF] [DOC]

In re Edy B. 7/26/04 CA2/4

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