Is a defendant entitled to a restitution fine as part of his plea bargain?

California, United States of America


The following excerpt is from People v. Reyes, F076119 (Cal. App. 2018):

"[B]oth parties, including the state, must abide by the terms of [a plea] agreement," the punishment may not "significantly exceed that which the parties agreed upon," and a restitution fine "qualifies as punishment for this purpose." (People v. Walker (1991) 54 Cal.3d 1013, 1024.) "[O]ur cases have made clear that 'defendants are free to negotiate the amount of restitution fines as part of their plea bargains.' [Citations.] The parties to a criminal proceeding may choose to agree on a specific amount between the statutory minimum and maximum, or they may leave it up to the sentencing court's discretion. [Citation.]" (People v. Villalobos (2012) 54 Cal.4th 177, 181.)

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