What remedies are available to a defendant who breaches a plea bargain with an officer of the state?

Violation of a plea bargain by an officer of the state raises a constitutional right to some remedy. The goal in providing a remedy for breach of the bargain is to redress the harm caused by the violation without prejudicing either party or curtailing the normal sentencing discretion of the trial judge. The remedy chosen will vary depending on the circumstances of each case. Factors to be considered include (1) who broke the bargain; (2) whether the violation was deliberate or inadvertent; (3) whether circumstances have changed between entry of the plea and the time of sentencing; [18 Cal.App.4th 1337] and (4) whether additional information has been obtained that, if not considered, would constrain the court to an inappropriate disposition. Due process does not compel the application of a particular remedy in all cases. The usual remedies for violation of a plea bargain are to allow defendant to withdraw the plea and go to trial on the original charges or to specifically enforce the plea bargain. Withdrawal of the plea is the appropriate remedy when specifically enforcing the bargain would limit the judge's sentencing discretion in light of the development of additional information or changed circumstances between acceptance of the plea and sentencing. Specific enforcement is appropriate when it will implement the reasonable expectations of the parties without binding the trial judge to a disposition he or she considers unsuitable under all the circumstances. (People v. Mancheno

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