People v. Montgomery

Defendant, through his lawyer, having twice made explicit plea arrangements with the court, has hardly established undue pressure upon him to plead guilty. After the first arrangement he was permitted to withdraw the plea of guilty because, after reviewing the presentence report, the court was unable to impose the sentence promised to defendant. On the second arrangement, defendant obtained a promise for even a lesser sentence than that promised the first time, evidencing no undue weakness or bargaining power on his side. This promise was performed, and it is from this performed promise that…