California, United States of America
The following excerpt is from People v. Ruano, A143762 (Cal. App. 2017):
2. The court had no authority to modify the parties' agreement unilaterally. (See People v. Segura, supra, 44 Cal.4th at p. 930.) Insofar as defendant claims the prosecutor consented to the modification by failing to object, we are not persuaded. As noted, taking all of the circumstances into account, the court's statement about avoiding prison was intended to be limited to the context of the probation condition requiring defendant to complete a drug treatment program. The prosecutor had no reason to object. To the extent the court's statement is considered ambiguous and arguably could support defendant's interpretation, the prosecutor cannot be deemed to have consented to a such a material modification of the plea agreement expressed in such an ambiguous and indirect manner.
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