Can a defendant challenge the imposition of a restitution fine outside of the parameters of his plea bargain?

California, United States of America


The following excerpt is from People v. Walker, 230 Cal.App.3d 1639, 272 Cal.Rptr. 716 (Cal. App. 1990):

First, it is no answer to this defendant's dilemma to say that he has no right to challenge the imposition of a restitution fine outside of the parameters of his plea bargain because such a fine is not subject to plea bargaining. (See ante.) Even in those situations where a defendant is improperly advised as to the permissible elements of a plea bargain, that defendant must be given an opportunity to withdraw his or her guilty plea when the bargain as understood by the defendant is not kept. (People v. Preciado (1978) 78 Cal.App.3d 144, 149, 144 Cal.Rptr. 102.)

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