Does a waiver of the terms of a plea bargain apply to a defendant who has pleaded guilty to a number of counts dismissed in accordance with the plea bargain?
California, United States of America
The following excerpt is from The PEOPLE V. BROWN, A124897, No. SC152536A (Cal. App. 2010):
3. Absent a Harvey waiver by the defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. (People v. Harvey (1979) 25 Cal.3d 754, 758-759.)
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