King

People v. King

Bad Law
123 Cal. App. 3d 406·176 Cal. Rptr. 507·1981 Cal. App. LEXIS 2120
Court of Appeal of CaliforniaSeptember 2, 1981Crim. 21201California502 words

Opinion

Opinion

Elkington, J.

Pursuant to a renegotiated plea bargain, defendant King pleaded guilty to rape by force and violence in the commission of which he used a deadly weapon. (Pen. Code, §§ 261, subd. 2, 12022, subd. (b).) On his appeal from the judgment thereupon entered, he contends only that he was entitled to specific enforcement of an earlier, and to him a more favorable, plea bargain which the trial court had repudiated, as not in the public interest, when more fully advised at the time set for sentencing.

The trial court was, of course, permitted to reject the earlier tentatively accepted plea bargain, in its discretion, upon being more fully informed about the case. (Pen. Code, § 1192.5; People v. Johnson (1974) 10 Cal.3d 868, 873 [ 112 Cal.Rptr. 556 , 519 P.2d 604 ].) King makes no contrary contention.

Instead, he points out that the trial court did not, as required by Penal Code section 1192.5 (3d par.), advise him at the time the earlier plea was conditionally accepted and entered, that it might “withdraw its approval in the light of further consideration of the matter, ...” He then states that as a result he “was under the impression that the bargain was an accomplished fact—and…

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