California, United States of America
The following excerpt is from State v. Andreotti, 111 Cal.Rptr.2d 462, 91 Cal.App.4th 1263 (Cal. App. 2001):
Defendant posits the following: To invoke the statute, he must plead guilty to all charges. Once he has done so, the disposition of those charges becomes a judicial function. (See, e.g., Tenorio, supra, 3 Cal.3d at p. 94 ["When the decision to prosecute has been made, the process which leads to acquittal or to sentencing is fundamentally judicial in nature . . . . The judicial power is compromised when a judge, who believes that a charge should be dismissed in the interests of justice, wishes to exercise the power to dismiss but finds that before he may do so he must bargain with the prosecutor. The judicial power must be independent, and a judge should never be required to pay for its exercise"]; reapproved in People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 511-512.) Therefore, if defendant opts to plead guilty to charges already filed, it is the judge who has the constitutional duty and power to determine whether deferral is appropriate in a given case.
While this theory has superficial appeal, we do not view the statute as does defendant.
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