How have courts interpreted the principle of an indicated sentence in a no contest plea?

California, United States of America


The following excerpt is from People v. Mork, A155605 (Cal. App. 2019):

parties to the agreement." (People v. Segura (2008) 44 Cal.4th 921, 930.) Appellant argues this principle is inapplicable because he pled no contest in case No. 18-93547 pursuant to an indicated sentence and not a plea bargain. An indicated sentence is not a promise, and leaves the court with "full discretion at the sentencing hearing to select a fair and just punishment." (People v. Clancy (2013) 56 Cal.4th 562, 575, 576.) Although the record largely supports appellant's characterization, there is some ambiguity.4 We need not resolve the point, however, because we would find appellant entitled to relief even under respondent's view of the nature of the plea.

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