California, United States of America
The following excerpt is from Moser, In re, 24 Cal.Rptr.2d 723, 6 Cal.4th 342, 862 P.2d 723 (Cal. 1993):
As the majority concede, defendant is not required to establish he would not have entered the plea if he had known of the lifetime parole term in order to claim a violation of the bargain. (People v. Walker, supra, 54 Cal.3d at p. 1026, 1 Cal.Rptr.2d 902, 819 P.2d 861.) He need only show that the court proposes to add a significant term of punishment to the bargained-for term. (Ibid.) "A court may not impose punishment significantly greater than that bargained for by finding the defendant would have agreed to the greater punishment had it been made a part of the plea offer. 'Because a court can only speculate why a defendant would negotiate for a particular term of a bargain, implementation should not be contingent on others' assessment of the value of the term to defendant....' " (Ibid.)
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