California, United States of America
The following excerpt is from People v. Campbell, 21 Cal.App.4th 825, 26 Cal.Rptr.2d 433 (Cal. App. 1994):
In People v. Walker (1991) 54 Cal.3d 1013, 1 Cal.Rptr.2d 902, 819 P.2d 861, the court held that "[w]hen a guilty plea is entered in exchange for specified benefits such as the dismissal of other counts or an agreed maximum punishment, both parties, including the state, must abide by the terms of the agreement. The punishment may not significantly exceed that which the parties agree upon." (Id., at p. 1024, 1 Cal.Rptr.2d 902, 819 P.2d 861.) Failure to abide by the plea agreement is a violation of the defendant's due process rights. The Walker court was concerned with the imposition of a restitution fine under Government Code section 13967, of which the defendant had not been advised prior to entering his guilty plea. That court held the consequences of a restitution fine to a defendant are severe enough that it qualifies as a penal consequence of which defendant should be advised prior to entry of his
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