What is the test for waiving the double jeopardy defense in a plea bargain?

California, United States of America


The following excerpt is from People v. Collins, 45 Cal.App.4th 849, 53 Cal.Rptr.2d 367 (Cal. App. 1996):

Moreover, unlike other possible scenarios where a collateral attack on the judgment by the prosecution would raise double jeopardy concerns, in the case of a plea bargain the agreement is often structured to avoid double jeopardy defenses. Exactly that was done in this case: pursuant to the terms of the plea bargain that he entered, defendant waived any double jeopardy defense. (Cf. Ricketts v. Adamson (1987) 483 U.S. 1, 9-10, 107 S.Ct. 2680, 2685-2686, 97 L.Ed.2d 1. 9 )

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