Dunenas v. Moore

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where negotiated plea not conditioned upon sentencing guidelines and does not exceed statutory maximum, sentence not unlawful under Heggs
• holding that scoresheet errors do not render a plea illegal unless the sentence exceeds the statutory maximum
• holding that when a negotiated plea agreement is not conditioned upon imposition of a sentence within a specified range under the sentencing guidelines, a claim of score-sheet error does not render the sentence illegal unless it exceeds the statutory maximum
• scoresheet errors do not render a plea illegal unless the sentence exceeds the statutory maximum
• defendant was not entitled to Heggs relief, because his plea was not conditioned upon the guidelines, but rather to a specific term of years, and the sentence was within the statutory maximum
• “When a negotiated plea agreement is not conditioned upon the imposition of a sentence within a specific guideline range, improper scoring of the defendant’s scoresheet will not render the plea illegal unless the sentence exceeds the statutory maximum”

Source: CourtListener parenthetical corpus (CC0).