What is the test for plea bargaining in a murder case?

California, United States of America


The following excerpt is from People v. Barao, C066524 (Cal. App. 2013):

This case was prohibited by section 1192.7 from being resolved by plea bargain. That statute, adopted as part of Proposition 8, prohibits plea bargaining in any case in which the information charges a serious felony unless certain exceptions are met. ( 1192.7, subd. (a)(2); People v. Arauz (1992) 5 Cal.App.4th 663, 665.) Three of the charges alleged against defendant qualified under the statute as serious felonies: murder, personal use of a firearm, and robbery. ( 1192.7, subds. (c)(1), (8), (19).)

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