Can a change of plea agreement affect the sentence of a defendant who changed his plea in exchange for dismissal of additional charges?
California, United States of America
The following excerpt is from People v. Espinoza, H045582 (Cal. App. 2019):
decision to impose a particular sentence is reviewed for abuse of discretion and will not be disturbed on appeal 'unless its decision is so irrational or arbitrary that no reasonable person could agree with it.' " (People v. Jones (2009) 178 Cal.App.4th 853, 860-861.) Defendant was assisted by a Spanish language interpreter at the change of plea hearing and at sentencing. He received the sentence he agreed to in exchange for dismissal of additional charges. And in pronouncing sentence, the trial court indicated it had considered not only the terms of the plea agreement but also the nature of the offenses, the impact on the victim, and the manner the offenses were committed. The 38-year prison sentence was below the statutory maximum of 44 years for the charges to which defendant pleaded no contest. There was no abuse of discretion in imposing the stipulated sentence.
The judgment is affirmed.
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/s/_________
Grover, J.
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