California Court of Appeal

In a prosecution of defendant for burglary and petty theft, trial court's promise to the defendant, over the prosecutor's objection, to dismiss an enhancement and impose an agreed-upon sentence in order to induce defendant to plead guilty to all counts and admit the charged enhancement is reversed as the plea bargain exceeded the trial court's authority, and thus constituted unlawful judicial bargaining.

Appellate Information

• Decided 05/21/2010
• Published 05/21/2010

Judges

• NICHOLSON, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr., Attorney General, Michael P. Farrell and Dane R. Gillette, Assistant Attorneys General, Catherine Chatman, George M. Hendrickson, and John G. McLean, Deputy Attorneys General, for Plaintiff and Appellant.


• For Appellees:
  
• Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Respondent.