Legal Question in Criminal Law in California

term sentencing in a plea bargin deal

Can a defendant be sentenced to max terms without findings of fact to justify if the defendant took a deal. Does it work differently than a jury trial?

A 1997 LA case - Defendant was the driver, who slowed down in passing rival gang members. The passenger fired shots. Its gang related but no gang injunction. First trial ended in a hung jury, DA then offered defendant a deal of 15 yrs with 85% (11 yrs for voluntary manslaughter & 4 yrs for gun enhancement.) Defendant took the deal and was sentenced May 1999. Prior criminal history: as a juvenile for GTA, completed his sentence with no problems. No other criminal history.


Asked on 7/08/09, 6:32 am

1 Answer from Attorneys
David M. Wallin Law Offices OF David M. Wallin

Re: term sentencing in a plea bargin deal

In a plea bargain, a defendant can agree to any sentence, assuming the defendant had legal counsel and was given the facts and made a knowing, intelligent and voluntary plea. In the case you mention, the defendant may have pled as he did so he wouldn't be prosecuted for murder and so gang enhancements would be dropped. As I was not the attorney I can only assume without all the facts. David Wallin at www.wallinlaw.com

Read more
Answered on 7/08/09, 2:06 pm


Related Questions & Answers

More Criminal Law questions and answers in California