Is a nonappearing defendant entitled to a reduced sentence under section 1192.5 of the California Criminal Code if he fails to attend his sentencing?

We are not persuaded that Santos is correct. The contrary view explained in In re Falco (1986) 176 Cal.App.3d 1161, 222 Cal.Rptr. 648, and People v. Barrero (1985) 163 Cal.App.3d 1080, 210 Cal.Rptr. 70, correctly acknowledges the absolute language of section 1192.5 and refrains from reading into that statute what, in effect, is an implicit liquidated damages clause punishing nonappearing defendants beyond the extent authorized by law. ⁴

In People v. Barrero the defendant failed to appear for sentencing. At the time defendant Barrero entered his negotiated plea, with provision for a particular sentence, the court advised him that should he fail to timely appear at his sentencing hearing, the court would be relieved of its obligation to impose the agreed sentence but defendant would not be permitted to withdraw his guilty plea. It was held that defendant's acceptance of this announced condition at the time of his negotiated plea did not render the condition effectual. The condition was void as violative of the absolute provisions of section 1192.5.