In what circumstances will a prosecutor be ordered to perform a specific performance in a criminal case?

California, United States of America


The following excerpt is from People v. Calloway, 175 Cal.Rptr. 596, 29 Cal.3d 666, 631 P.2d 30 (Cal. 1981):

In People v. Kaanehe, supra, 19 Cal.3d 1, 136 Cal.Rptr. 409, 559 P.2d 1028, it was the People who sought specific performance. Having obtained defendant's guilty plea to grand theft ( 487) and petty theft with a felony prior ( 484, former [29 Cal.3d 671] 667) in return for an agreement from the People to refrain from taking a position on sentencing, the prosecutor violated that agreement by arguing in favor of a state prison sentence by letter and during a conference in chambers. Upon being sentenced to prison, defendant appealed, contending, inter alia, that the trial court erred in refusing to permit him to withdraw his guilty plea after the prosecutor breached the plea bargain agreement. The People responded that the plea bargain should be specifically enforced by rearraigning defendant, striking the prosecutor's letter from the record, and ordering the People to comply with the agreement.

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