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· 8/4/1890

People v. Fook

Citations

  • 85 Cal. 300
  • 24 P. 654
  • 1890 Cal. LEXIS 910

How courts have described this case

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

  • holding that defendant’s five convictions for concealing the death of another “merged into one” because defendant’s course of conduct constituted only one violation of the applicable statute
  • holding that, in the context of evaluating a merger claim, a reviewing court should vacate an illegal sentence even if the error was not raised in the trial court or on appeal
  • explaining that void conviction and void sentence claims may be considered for the first time on direct appeal and in other proper post-trial proceedings
  • explaining that such claims may be decided on appeal even “where the issue was not raised in the trial court and is not enumerated as error on appeal”
  • noting that a guilty plea does not waive a challenge to an illegal sentence
  • explaining that a merger claim may be considered on direct appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Foote, Paterson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.