Supreme Court of California

When the parties negotiate a plea agreement that, among other express provisions, grants probation incorporating and conditioned upon service of a specified jail term, the resulting term of incarceration is not, and may not be treated as, a mere standard condition of probation. Rather, the term of incarceration is in the nature of a condition precedent to, and constitutes a material term of, the parties' agreement. Thus, the jail term is not subject to subsequent modification without the consent of both parties, and cannot be altered solely on the basis of the trial court's general statutory authority to modify probation during the probationary period.

Appellate Information

• Decided 08/04/2008
• Published 08/04/2008

Judges

• GEORGE, C.J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Esperanza V. Bada, La Puente, under appointment by the Supreme Court, and Mark P. LaScola for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanka, Assistant Attorney General, Victoria B. Wilson, Kristofer Jorstad and Steven D. Matthews, Deputy Attorneys General, for Plaintiff and Respondent.