Santos

Defendant appeals from a sentence imposed following a negotiated plea. Affirmed.

Background:

Defendant’s Contentions:

Discussion:

Plea bargaining is an accepted practice in our system of criminal justice. (People v. Mancheno (1982) 32 Cal.3d 855, 859 [ 187 Cal.Rptr. 441 , 654 P.2d 211 ]; People v. West (1970) 3 Cal.3d 595, 604 [ 91 Cal.Rptr. 385 , 477 P.2d 409 ].) Due process applies not only to the procedure of accepting the plea, but also to the implementation of the bargain itself. (People v. Mancheno, supra, 32 Cal.3d at p. 860 .)

The purpose of providing a remedy for breach of the bargain is to redress the harm caused by the breach without prejudicing either party or curtailing the sentencing discretion of the trial judge. The remedy chosen will vary depending on the circumstances. Among the factors to be considered are who broke the bargain, whether the violation was deliberate or inadvertent, and whether circumstances have changed between entry of the plea and the time of sentencing. (Ibid.) The usual remedies for breach of a plea bargain are to allow a defendant to withdraw the plea and go to trial on the original charges, or to specifically enforce the plea…