Is a defendant entitled to object at sentencing if the sentencing court imposes punishment exceeding the terms of the plea bargain?

California, United States of America


The following excerpt is from People v. M.A. (In re M.A.), H047949 (Cal. App. 2020):

the sentencing court. [Citation.] If a plea bargain is violated through imposition of punishment exceeding the terms of the bargain, the error is waived by failure to object at sentencing if the court had advised the defendant of the right to withdraw the plea upon court withdrawal of plea approval (see Pen. Code, 1192.5), but is not waived by failure to object and is not subject to harmless error analysis if that advisement was not given. [Citation.]" (People v. DeFilippis (1992) 9 Cal.App.4th 1876, 1879 (DeFilippis).)

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