Is a defendant entitled to the benefit of a plea bargain where he pleaded guilty to a charge under section 288a of the Criminal Code?

[21 Cal.3d 216] Under the circumstances posed herein, however, the defendant is also entitled to the benefit of his bargain. This is not a case in which the defendant has repudiated the bargain by attacking his guilty plea; ³ he attacks only the judgment, and does so on the basis of external events the repeal and reenactment of section 288a that have rendered the judgment insupportable. This court has long recognized that the state has no interest in preserving erroneous judgments (People v. Henderson (1963) 60 Cal.2d 482, 497, 35 Cal.Rptr. 77, 386 P.2d 677) and that convictions should not rest on noncriminal conduct. Here external events and not defendant's repudiation undermined this plea bargaining agreement. Accordingly, we must fashion a remedy that restores to the state the benefits for which it bargained without depriving defendant of the bargain to which he remains entitled.