California, United States of America
The following excerpt is from People v. Mercado, H045155 (Cal. App. 2019):
3. It is also worth noting that defendant moved to recuse the D.A.'s Office after he already had pleaded no contest pursuant to a negotiated plea agreement. "A negotiated plea agreement is a form of contract . . . ." (People v. Shelton (2006) 37 Cal.4th 759, 767.) The D.A.'s Office was bound by the plea agreement. (People v. Segura (2008) 44 Cal.4th 921, 930-931 [" ' "When a guilty [or nolo contendere] plea is entered in exchange for specified benefits such as the dismissal of other counts or an agreed maximum punishment, both parties, including the state, must abide by the terms of the agreement." ' "].) Accordingly, it is unclear whether any prosecutorial discretion remained to be exercised by the time defendant moved for recusal. And if no such discretion remained, we struggle to see how defendant could show recusal was necessary to prevent likely unfair treatment by the D.A.'s Office going forward.
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