What factors will the court consider in determining whether a person who broke a plea bargain is entitled to appeal against their sentence?

California, United States of America


The following excerpt is from People v. Brown, C082671 (Cal. App. 2017):

circumstances of each case. Factors to be considered include who broke the bargain and whether the violation was deliberate or inadvertent, whether circumstances have changed between entry of the plea and the time of sentencing, and whether additional information has been obtained that, if not considered, would constrain the court to a disposition that it determines to be inappropriate. Due process does not compel that a particular remedy be applied in all cases." (People v. Mancheno, supra, 32 Cal.3d at p. 860.)

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