Legal Question in Criminal Law in California

Is it constitutionally right to take a man's right to an appeal away as part of plea bargin?
My brother was charged with murder in the 1st degree w/ a special allegation of rape. He was convicted by an 11 woman 1 man jury of murder in the 1st degree (mandatory 25 to life sentence) , but the jury was deadlocked on the rape charge unable to decide. So the prosecuter made a deal with him that he would not pursue the rape charge (which holds a 25 life without parole) if my brother would give up his right to an appeal. My brother was advised by his public defender to do so!!! What kind of bargin was that? Then In the newspaper it stated both the prosecuter and defense attorney spoke with jurors after the trial and decided there was not enough evidence to convict him anyways. So what exactly happened here? I do not understand?

Asked on 9/16/10, 3:06 pm

Terry A. Nelson Nelson & Lawless

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Of course. A plea bargain ENDS the case. Always. They are entered into so the defendant doesn't risk loss at trial and max sentencing under the law.

Answered on 9/21/10, 4:56 pm

Anthony Roach Law Office of Anthony A. Roach

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Waiving the right to an appeal is constitutionally valid if it is made knowingly and intelligently.

Answered on 9/22/10, 7:06 am

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