What remedy does a defendant have against the maximum sentence imposed by a jury?

As to remedy, the parties have different approaches. Defendant contends the remedy in People v. Collins (1978) 21 Cal.3d 208 is appropriate: to ensure both parties receive the benefit of the plea agreement they bargained for, the prosecution may reinstate charges if it so chooses and defendant's exposure is limited to the term of the original plea agreement. The People contend the case should be remanded to allow the prosecution to either accept the reduction of the sentence or withdraw from the plea agreement. We conclude neither proposed remedy is correct because this case does not involve a negotiated plea agreement with a stipulated sentence. Rather, in this case, defendant pleaded no contest to all counts and admitted prior convictions and accepted the trial court's indicated sentence. Because the trial court did not impose the maximum sentence, we conclude the matter must be remanded to the trial court to strike the prior prison term enhancement and resentence defendant.

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