What remedies are available to a defendant who violates a plea bargain?

California, United States of America


The following excerpt is from People v. Ripley, F075100 (Cal. App. 2018):

Due process attaches to the implementation of a plea bargain and requires the state honor its promises. (People v. Mancheno (1982) 32 Cal.3d 855, 860 (Mancheno).) "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." (Id. at pp. 860-861.) "Specific enforcement is appropriate when it will implement the reasonable expectations of the parties without binding the trial judge to a disposition that he or she considers unsuitable under all the circumstances." (Id. at p. 861.)

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