Does a negotiated guilty plea in a criminal case have to be followed by a reduced sentence?
California, United States of America
The following excerpt is from Moser, In re, 24 Cal.Rptr.2d 723, 6 Cal.4th 342, 862 P.2d 723 (Cal. 1993):
A negotiated guilty plea requires both parties to honor the agreement as to sentence. (People v. Walker (1991) 54 Cal.3d 1013, 1024, 1 Cal.Rptr.2d 902, 819 P.2d 861.) As a matter of due process, "[t]he punishment may not significantly exceed that which the parties agreed upon." (Ibid.)
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