California, United States of America
The following excerpt is from People v. Olea, 59 Cal.App.4th 1289, 69 Cal.Rptr.2d 722 (Cal. App. 1997):
Accordingly, we conclude the sentencing court violated appellant's due process rights when it imposed the registration requirement in violation of the plea agreement. "[V]iolation of the bargain by an officer of the state raises a constitutional right to some remedy. [Citations.] [p] The goal in providing a remedy for breach of the bargain is to redress the harm caused by the violation without prejudicing either party or curtailing the normal sentencing discretion of the trial judge. The remedy chosen will vary depending on the 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. [Citation.]" (People v. Mancheno, supra, 32 Cal.3d at p. 860, 187 Cal.Rptr. 441, 654 P.2d 211.)
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