California, United States of America
The following excerpt is from In Re M.D., F059603, Super. Ct. No. 511585 (Cal. App. 2011):
A criminal defendant's constitutional due process right is implicated by the failure to implement a plea bargain according to its terms. (People v. Mancheno (1982) 32 Cal.3d 855, 860.) For that reason, "violation of a plea bargain is not subject to harmless error analysis." (People v. Walker (1991) 54 Cal.3d 1013, 1026.) The usual remedies for the violation of a plea bargain are to allow the defendant to withdraw the plea and go to trial on the original charges or to specifically enforce the plea bargain. (People v. Mancheno, supra, at pp. 860-861.)
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