California Court of Appeal

Trial court's imposition of a 6-year sentence upon a defendant following a guilty plea on charges of forcible spousal rape, assault with force likely to cause great bodily injury, making a criminal thereat, and false imprisonment, is reversed and the trial court is directed to give defendant the opportunity to withdraw his guilty plea where: 1) the People have standing because they are challenging whether the sentence was lawful; 2) defendant's sentence was the product of judicial plea bargaining because the trial court did not simply inform defendant of the sentence he would receive, but rather, by either negotiating with the trial court, or by filling out the form at the low end of the range stated by the trial court, defendant obtained an assurance from the judge relating to sentencing; and 3) defendant' claim that if improper judicial plea bargaining occurred, he is entitled to specific performance of the initial indicated sentence of six years eight months is rejected.

Appellate Information

• Decided 12/08/2010
• Published 12/08/2010

Judges

• RAMIREZ

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Rod Pacheco, Stephen S. Buckley