What is the effect of section 1192.5 of the California Penal Code on a plea where a defendant has pleaded guilty to a charge of assault?

California, United States of America


The following excerpt is from People v. Masloski, 108 Cal.Rptr.2d 484, 25 Cal.4th 1212, 25 P.3d 681 (Cal. 2001):

Under section 1192.5, if a plea agreement is accepted by the prosecution and approved by the court, the defendant "cannot be sentenced on the plea to a punishment more severe than that specified in the plea...." The statute further provides that if the court subsequently withdraws its approval of the plea agreement, "the defendant shall be permitted to withdraw his or her plea if he or she desires to do so."4 ( 1192.5; People v. Johnson (1974) 10 Cal.3d 868, 872, 112 Cal.Rptr. 556, 519 P.2d 604.)

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