Does the Attorney General have any jurisdiction to issue a plea bargain where a mitigating circumstance is omitted from the trial record?

The Attorney General distinguishes People v. Simpson, supra, 90 Cal.App.3d 919, 154 Cal.Rptr. 249, as a plea bargain case with the omitted mitigating circumstance being found in the probation report and not in the trial record as contended here. As noted above, one of the factors not considered by the sentencing judge was contained in the probation report.

11 The new sentencing waiver rule announced in People v. Scott (Dec. 30, 1994, S037757) --- Cal.4th ----, 36 Cal.Rptr. 627, 885 P.2d 1040 only has prospective application.