P.
P. v. Foster CA2/6
Opinion
Opinion
Yegan, J.
Discussion Penal Code section 1192.5 provides that where the negotiated plea is accepted by the prosecutor and approved by the trial court, the defendant may not be sentenced to a greater punishment than that specified by the plea. If the trial court withdraws " 'its approval in the light of further consideration of the matter, . . . the defendant shall be permitted to withdraw his plea if he desires to do so. . . .' [Citation.]" (People v. Cruz (1988) 44 Cal.3d 1247, 1250.) Appellant asserts that specific enforcement of the plea bargain is appropriate even though restitution is outstanding in the DUI case (i.e., case no.
2 2010001681). Termination of probation converts the restitution order to a civil judgment. (See §§ 1202.4, subd. (m); 1214, subd. (b); People v. Chambers (1998) 65 Cal.App.4th 819, 822.) The record, however, indicates that appellant has not satisfied other probation terms in the DUI case. Thus, the trial court reinstated probation and ordered appellant to complete all the probation terms "regarding payment of fines and fees and attending of school . . . ." (RT 17)~ Absent very special circumstances, "a defendant should not be entitled to enforce an…