Does estoppel apply to a defendant who has agreed to a plea which exceeds the court's jurisdiction?

Our application of the principle of estoppel does not mean that we condone the disregard of controlling statutes to fashion a plea which exceeds the court's jurisdiction. "The diverse statutes comprising the criminal law are there for a reason; they are not like tools above a workbench to be selected [or ignored] by the parties to a criminal case according to their utility in getting rid of pending cases...." (People v. Ellis, supra, 195 Cal.App.3d at p. 345, 240 Cal.Rptr. 708.) While estoppel is appropriate under the particular facts of this case, appellate courts cannot be expected to apply this doctrine in every case in which the defendant voluntarily agrees to accept a plea which exceeds the court's jurisdiction.

[216 Cal.App.3d 936]