Does a defendant have to plead guilty to a charge that was dismissed in exchange for a plea of guilty to another charge?

California, United States of America


The following excerpt is from People v. Caro, 251 Cal.Rptr. 757, 46 Cal.3d 1035, 761 P.2d 680 (Cal. 1988):

First he contends that since the rape charge and gun use allegation were dismissed pursuant to a plea bargain, any evidence of those offenses was barred under section 190.3, paragraph 3, which prohibits admission of evidence of criminal activity "for which the defendant was prosecuted and acquitted." He argues that, absent any contrary agreement, a dismissal obtained in exchange for a plea of guilty to another charge is made with the "[i]mplicit ... understanding ... that [the] defendant will suffer no adverse sentencing consequences by reason of the facts underlying, and solely pertaining to, the dismissed count." (People v. Harvey (1979) 25 Cal.3d 754, 758, 159 Cal.Rptr. 696, 602 P.2d 396.) We recently rejected the identical argument in People v. Melton (1988) 44 Cal.3d 713, 755-756, 244 Cal.Rptr. 867, 750 P.2d 741.) Moreover, the rape and gun use occurred during the course of the kidnapping for which defendant was convicted, and thus the underlying facts did not pertain solely to the dismissed counts. (Cf. Harvey, supra.)

Other Questions


Does a defendant who pleads not guilty by reason of insanity have to plead not guilty to the same charge under section 1016 of the California Criminal Code? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
What is the test for a motion for a retrial of a defendant who has pleaded guilty to a charge of sexual assault and a similar charge against the same defendant? (California, United States of America)
Can a defendant plead guilty on appeal for the purposes of pleading guilty to assault? (California, United States of America)
What options are available to a defendant in a sexual assault case where they have pleaded guilty to the same charges against two different defendants? (California, United States of America)
What is the effect of a rule in the criminal code allowing a defendant to plead guilty to a lesser charge if they are found guilty of the same offence? (California, United States of America)
In deciding to plead guilty in a criminal case, has there ever been a finding that a defendant was not fully capable of rationally weighing the pros and cons of forgoing a trial and pleading guilty? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
Can a defendant who has entered a guilty plea for the purposes of pleading not guilty to a charge of assault have the option of representing himself at trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.