Does the court exceed its jurisdiction to grant a motion to suppress evidence at trial if an improper plea bargain was entered?

California, United States of America


The following excerpt is from People v. Superior Court (Ludwing), 174 Cal.App.3d 473, 220 Cal.Rptr. 87 (Cal. App. 1985):

If an improper plea bargain was entered, the court exceeded its jurisdiction in the traditional sense. Penal Code section 1192.7, enacted June 8, 1982, by initiative, prevents plea bargaining in cases involving certain serious offenses, including the offenses charged here, except in circumstances not pertinent here. Just as the court was without subject matter jurisdiction to entertain a renewed motion to suppress evidence at trial in People v. Superior Court (Edmonds) (1971) 4 Cal.3d 605, 94 Cal.Rptr. 250, 483 P.2d 1202, the court here was without subject matter jurisdiction to plea bargain with defendant.

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