California Court of Appeal

Conviction of defendant for possession of a controlled substance following a plea of no contest, and imposition of a 16 month county jail sentence, is affirmed, where: 1) the state's failure to advise defendant as to his right to withdraw his plea was of no consequence because the superior court did not disapprove the plea agreement; 2) the state abided by the terms of the plea agreement, but it was defendant who did not abide and who repudiated the agreement, after which the court properly sentenced him on his plea in accord with the statutory punishment and not in accord with the reduced sentence contemplated by the plea agreement; and 3) a defendant gets the benefit of a plea bargain once, and once spent, it is gone forever.

Appellate Information

• Decided 01/16/2015
• Published 01/16/2015

Judges

• Kriegler

Court

• California Court of Appeal

Counsel