People v. Alkire

Opinion

WORK, J.

Today we hold, in the absence of an express agreement, a person whose guilty plea is obtained in exchange for a promise any future confinement will be for a specified period, may not be later sentenced to a longer term where sentencing follows revocation of probation, even though imposition of sentence was originally suspended.

James Andrew Alkire, an alcoholic and a drug abuser, entered a bargained guilty plea to felonious assault (Pen. Code, § 245, subd. (a)); committed during a drinking episode. The plea was induced by the court’s promise further confinement, if any, would…