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

The People seek a writ of mandate directing the superior court to set aside its order of August 29, 1996, granting real party, Anthony Edward Gifford, a probationary sentence after his conviction for violation of Penal Code section 12303.3, possession of an explosive device. The primary question presented is this: Is a sentencing court vested with the discretion to alter the terms of a negotiated plea by imposing a probationary sentence rather than a prison term? Our answer is: No.

I. Factual and Procedural Background

A felony information was filed charging Gifford with two counts of using an explosive device in violation of section 12303.3. It was further alleged that probation was prohibited pursuant to section 12311.

Later, the prosecutor and Gifford’s attorney negotiated a plea agreement in which Gifford agreed to plead guilty to count 1 for a “low term lock,” i.e., three years in state prison, in exchange for a dismissal of count 2. The agreement did not include the grant of probation.

Gifford entered a plea of guilty to count 1 of the information, a violation of section 12303.3. He initialed and signed a form entitled, “Guilty Plea in the Superior Court," which…