Barrero

Appellant pled guilty to felony joyriding in violation of section 10851 of the Vehicle Code and was sentenced to the upper term of three years. His motion for modification of sentence was denied, and this appeal based solely on errors in sentencing followed.

The question presented is whether a trial court may as a part of a negotiated plea impose a condition that defendant’s nonappearance at subsequent proceedings will relieve the court of the bargain but not the defendant of his guilty plea.

The facts are best summarized by the trial court:

Appellant contends that he is entitled to the 16-month bargain that he made or, alternatively, that he should have been allowed to withdraw his guilty plea, Appellant acknowledges that in People v. Calloway (1981) 29 Cal.3d 666, 671 [ 175 Cal.Rptr. 596 , 631 P.2d 30 ], the Supreme Court reaffirmed its earlier statement that “absent very special circumstances” plea bargains will not be enforced “against the trial court” which remains free, even after initial approval, to finally reject a bargain. The special circumstances urged here are that a new trial will necessitate expenditures of time and money, and that “the beleaguered…