People v. Majstoric CA2/6

DISCUSSION

Withdrawal of plea “[A] plea of guilty or nolo contendere . . . may specify the punishment.” (§ 1192.5, subd. (a).) Where, as here, “the plea is accepted by the prosecuting attorney in open court and is

3 approved by the court, the defendant, except as otherwise provided in this section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea.” (Id., subd. (b).) “If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time set for the hearing on the application for probation or pronouncement of judgment, withdraw its approval in the light of further consideration of the matter, and (3) in that case, the defendant shall be permitted to withdraw the plea if the defendant desires to do so.” (Id., subd. (c).) The advisement required by section 1192.5, subdivision (c) was not given here. “[W]hen the trial court fails to give a section 1192.5 admonition, the defendant’s failure to object at sentencing does not waive his claim on appeal.” (People v. Silva (2016)…