CHILDREN AND THE LAW
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Delinquency Matters
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Post-Disposition Issues
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Appeal
............Plea Bargain
5 Cards On This Topic:
M "successfully completed probation" and entitled to enforcement of plea agrmt. where no evidence his failure to pay full restitution was willful or attributable to anything other than inability to pay.
Although court has final approval, DA should be bound by plea agreement where M detrimentally relied on it by waiving right to remain silent and paying $350 to take polygraph exam.
DA's appeal cognizable where trial court exceeded its authority in dismissing count, adding count and allowing M to admit the new allegation as part of plea bargain — appeal did not threaten M's probation and not barred by W&IC 800(c).
When M bargained for reduced confinement, he waived any Pen. Code §654 claim and any right to argue court could not sustain petition on certain count even if in excess of jurisdiction.
Court may revoke plea bargain committing D to CYA where D’s post-conviction incriminating statements amounted to breach of bargain.