People v. Byrd

The trial judge’s finding that the alleged promise of probation was not in fact made is not clearly erroneous and, so, we must affirm.

I write separately to speak about plea bargaining, and, more particularly, about charge reduction in return for a plea of guilty.1 While neither the Supreme Court of the United States nor of this State has expressly approved of plea bargaining, plea bargaining is so universally practiced that one must assume, until they speak otherwise, that they do not object. This is why I concur, rather than dissent, in the decision here, even though, for reasons about to be…