Does a defendant have the power to withdraw a plea under a plea bargain?

California, United States of America


The following excerpt is from People v. Weber, A148746 (Cal. App. 2017):

The trial court found ambiguity. Were the motion before the court one to withdraw the plea, that finding would have necessitated further inquiry. The motion, however, sought only specific enforcementa remedy the court could not grant here. "[A] defendant is not entitled to specific performance of a plea bargain 'absent very special circumstances.' " (People v. Calloway (1981) 29 Cal.3d 666, 668.) Specific performance may only be ordered " '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.' " (People v. Kim (2011) 193 Cal.App.4th 1355, 1362.)

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