California, United States of America
The following excerpt is from People v. Amezquita, H042748 (Cal. App. 2016):
been granted, regardless of whether the parties have entered into a plea agreement. (See Feyrer, supra, 48 Cal.4th at p. 438-440; People v. Tran (2015) 242 Cal.App.4th 877, 887-888, 891-892.) If the court in the instant case had continued to retain the same discretion under the plea agreement, it is not clear why the parties would have included a term in the plea agreement regarding the reduction to a misdemeanor upon completion of one year of probation with no probation violation. In view of the language of defendant's plea agreement setting forth the circumstance under which his offense would be reduced to a misdemeanor, that is, completion of one year of probation without a probation violation, we determine that defendant was entitled to have the attempted grand theft conviction reduced to a misdemeanor upon satisfaction of this term of the plea agreement.
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