CHILDREN AND THE LAW
...Delinquency Matters
......Post-Disposition Issues
.........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.