People v. Superior Court (Ludwig)

This petition for writ of mandate filed by the People of the State of California challenges the superior court’s acceptance of a plea change. We have concluded that the court engaged in plea bargaining in violation of Penal Code section 1192.7.

Real party in interest, Keith Allen Ludwig (defendant), was charged by information with, inter alia, kidnaping for robbery, simple kidnaping, and robbery, along with a prior felony conviction. On June 26, 1985, the court accepted defendant’s change of plea to nolo contendere. At the hearing, the court referred to a “promise” of a maximum sentence of eight years, “made to induce” defendant to enter the plea. The court later characterized its action as “entering into a plea bargain over the District Attorney’s objection.” After taking the change of plea, the court referred the matter to the probation department and continued it for sentence. This petition followed.

We first address the procedural question of whether a petition for writ of mandate may be entertained in this situation, in light of the fact that the court’s action is not appealable by the People under Penal Code section 1238. We conclude that the test of People v.…