Harris

—Charged with robbery, petitioner Morris Glen Harris, Jr. (hereafter defendant), pleaded guilty pursuant to a plea agreement to grand theft from the person, a felony, and admitted a prior robbery conviction, on condition that he receive a six-year prison sentence. In return, the People dismissed the robbery charge and allegations of other felony convictions. The court imposed the six-year sentence. Later, the electorate enacted Proposition 47, which reduced the grand theft offense to a misdemeanor. Under Proposition 47’s provisions, defendant petitioned the court to have his sentence recalled and to be resentenced as a misdemeanant. In response, the People argued that reducing the sentence would deprive them of the benefit of their plea bargain, and thus they should be permitted to rescind the plea and reinstate the original robbery charge. The trial court agreed with the People, as did a divided Court of Appeal.

We must decide whether the People are entitled to have the plea agreement set aside if defendant seeks to have his sentence recalled under Proposition 47. We conclude that they are not entitled to have the plea agreement set aside. Accordingly, we reverse the…