Repeated sentencing delays after a plea in a fatal-crash case

Attorney Answer

The delays on their own are unlikely to end the case, and whether your spouse should keep agreeing to them is a strategy call for their defense lawyer. California sets deadlines for pronouncing judgment after a plea, and the remedy the statute gives for missing one, a new trial, is available only if the defendant objects promptly and asks for it. Each waiver your spouse signed agreed to a later date. Declining further waivers puts the court back on the statutory timeline, but some defendants prefer the delay, and that judgment belongs to the lawyer.

The deadlines. Which one applies depends on whether the plea was to a felony or a misdemeanor. For a felony, Cal. Penal Code § 1191:

In a felony case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a plea of a former conviction or acquittal, or once in jeopardy, the court shall appoint a time for pronouncing judgment, which shall be within 20 judicial days after the verdict, finding, or plea of guilty, during which time the court shall refer the case to the probation officer for a report if eligible for probation and pursuant to Section 1203.

The same section lets the court extend that time for its own listed reasons, such as waiting for the probation report. For a misdemeanor, Cal. Penal Code § 1449:

In a misdemeanor or infraction case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a plea of former conviction or acquittal, or once in jeopardy, the court shall appoint a time for pronouncing judgment which shall be not less than six hours, nor more than five days, after the verdict or plea of guilty, unless the defendant waives the postponement.

The remedy, and its limit. Cal. Penal Code § 1202:

If no sufficient cause is alleged or appears to the court at the time fixed for pronouncing judgment, as provided in Section 1191, why judgment should not be pronounced, it shall thereupon be rendered; and if not rendered or pronounced within the time so fixed or to which it is continued under the provisions of Section 1191, then the defendant shall be entitled to a new trial.

The Supreme Court of California has described that remedy as requiring the defendant to object promptly and demand a new trial, because a defendant may prefer late sentencing to a retrial: People v. Braxton, 34 Cal. 4th 798 (2004).

Continuances. Cal. Penal Code § 1050(e):

(e) Continuances shall be granted only upon a showing of good cause. Neither the convenience of the parties nor a stipulation of the parties is in and of itself good cause.

The section also says it is directory only and does not by its terms require dismissal.

If your spouse is in custody. Time in custody before sentencing counts against the sentence. Cal. Penal Code § 2900.5(a) credits all days of custody, including time in a jail, hospital or similar institution, on the term imposed.

What you can do

1. Bring these questions to your spouse's defense lawyer: whether to keep waiving time, and how the delays affect the sentence.

2. Let the defense lawyer handle any contact with the court or the prosecutor, and do not discuss the accident with anyone else in the meantime.

3. Keep copies of every waiver and every notice of a new date.

4. If your spouse is in custody, ask the lawyer to confirm how custody credit is being counted.

5. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Each new sentencing date is set by the court. Any objection to a delay has to be raised promptly to matter, so it should come from the defense lawyer, not later.