What is the effect of a plea bargain when a defendant violates the terms of his probation?

California, United States of America


The following excerpt is from People v. Kirkland, A145179, A145793 (Cal. App. 2018):

"[I]t is well established that when 'a defendant granted probation as part of a plea bargain violates that probation, subsequent sentencing is not limited by the terms of the original plea.' " (People v. Segura (2008) 44 Cal.4th 921, 934, quoting People v. Martin

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(1992) 3 Cal.App.4th 482, 487.) " ' "A consummated plea bargain is not a perpetual license to a defendant to violate his probation. The plea bargain does not insulate a defendant from the consequences of his future misconduct. 'A defendant gets the benefit of his bargain only once. Like time, a plea bargain once spent is gone forever.' " ' [Citation.]" (People v. Segura, at p. 934.)

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