People v. Superior Court of L.A. Cty.

In two unrelated cases the District Attorney of Los Angeles County petitioned this court for a writ of mandate to compel the superior court of that county to vacate orders accepting pleas of guilty in one case and a plea of nolo contendere in the other. Because the cases present a single common, but important issue, we granted the alternative writs and consolidated them.

In each case the trial judge in advance of accepting the plea or pleas and prior to receipt of any probation report, advised the defendant of what sentence would be imposed if defendant pleaded guilty, with the sole caveat that if the probation investigation disclosed significant, theretofore unknown, facts which would alter the judge’s assessment of the case the defendant would be permitted to withdraw his plea.

As of the date of the filing of the petitions for mandate and as of this date sentence has not been pronounced nor has either defendant sought to withdraw his plea.

The district attorney’s contention is that the trial court, in each instance, improperly entered into a “plea bargain” with the defendant without the district attorney’s concurrence.

In the case of People v. Superior Court (James…