What remedy does a defendant have if the prosecutor refuses to comply with the plea bargain?

California, United States of America


The following excerpt is from People v. Calloway, 175 Cal.Rptr. 596, 29 Cal.3d 666, 631 P.2d 30 (Cal. 1981):

1 404 U.S. at pp. 262-263, 92 S.Ct. at pp. 498-499. As was observed in People v. Kaanehe (1977) 19 Cal.3d 1, 13, 136 Cal.Rptr. 409, 559 P.2d 1028: "Specific enforcement of a plea bargain agreement is actually a broad term covering several different types of relief. The remedy differs depending upon the nature of the breach and which party is seeking specific enforcement. When the breach is a refusal by the prosecutor to comply with the agreement, specific enforcement would consist of an order directing the prosecutor to fulfill the bargain. When the breach is a refusal by the court to sentence in accord with the agreed upon recommendation, specific enforcement would entail an order directing the judge to resentence the defendant in accord with the agreement."

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