People v. Johnson

Opinion

BURKE, J.

In this, case, we review the provisions of Penal Code section 1192.5 pertaining to the subject of plea bargaining. In the instant case, the trial court withdrew its prior approval of a negotiated plea bargain but failed to advise defendant of his statutory right to withdraw his guilty plea made in consideration of the rejected bargain (here, to be punished as a misdemeanant with a county jail sentence instead of as a felon). We have concluded that defendant must be permitted to withdraw his guilty plea and thereupon to enter whatever plea or pleas would otherwise have been…