California, United States of America
The following excerpt is from People v. Caro, 251 Cal.Rptr. 757, 46 Cal.3d 1035, 761 P.2d 680 (Cal. 1988):
First he contends that since the rape charge and gun use allegation were dismissed pursuant to a plea bargain, any evidence of those offenses was barred under section 190.3, paragraph 3, which prohibits admission of evidence of criminal activity "for which the defendant was prosecuted and acquitted." He argues that, absent any contrary agreement, a dismissal obtained in exchange for a plea of guilty to another charge is made with the "[i]mplicit ... understanding ... that [the] defendant will suffer no adverse sentencing consequences by reason of the facts underlying, and solely pertaining to, the dismissed count." (People v. Harvey (1979) 25 Cal.3d 754, 758, 159 Cal.Rptr. 696, 602 P.2d 396.) We recently rejected the identical argument in People v. Melton (1988) 44 Cal.3d 713, 755-756, 244 Cal.Rptr. 867, 750 P.2d 741.) Moreover, the rape and gun use occurred during the course of the kidnapping for which defendant was convicted, and thus the underlying facts did not pertain solely to the dismissed counts. (Cf. Harvey, supra.)
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