· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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