California Court of Appeal

Order granting defendant's motion to reduce sentence from 365 to 364 days in custody to protect him from removal under current federal law is reversed where there was no violation of the plea agreement, which included a judicial recommendation against deportation (JRAD), arising from a retroactive change in federal law subjecting defendant to deportation despite the JRAD.

Appellate Information

• Decided 02/26/2008
• Published 02/26/2008

Judges

• AARON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bonnie M. Dumanis, District Attorney, Catherine Stephenson, Craig E. Fisher and James E. Atkins, Deputy District Attorneys, for Plaintiff and Appellant.


• For Appellees:
  
• Patrick Morgan Ford, for Defendant and Respondent.