How have courts interpreted plea agreements where a defendant's plea agreement states that he should receive a jail sentence based on his criminal conviction rather than that set forth in the criminal plea form?

The People cite People v. Barkley (2008) 166 Cal.App.4th 1590 for the proposition that nothing in the record indicates that the trial court or the parties intended for defendant to receive a sentence other than that set forth in the plea form. That case is distinguishable. The issue in Barkley was whether the defendant's prior conviction had been sentenced as a misdemeanor rather than a felony and thus whether or not it qualified as a strike. (Id. at p. 1593.) The court held that the trial court in the prior case had either "entered a judgment imposing a misdemeanor jail sentence, or he suspended imposition of judgment and placed defendant on felony probation conditioned on defendant's service of a jail term." (Id. at p. 1595.) Although the court noted that there was no evidence that the sentencing judge had intended to impose a sentence inconsistent with the defendant's plea agreement, the court

Page 6