People v. Barton

PEÑA, J.

*1090This case recalls the proverb, "You can't have your cake and eat it too." The question presented: Where a defendant negotiates a plea for a *1091stipulated sentence and waives the right to appeal the sentence, may the defendant take advantage of a favorable sentencing law enacted thereafter (which may otherwise apply retroactively under ordinary circumstances)? We think not. In reaching this conclusion, we part company with our colleagues in Division One of the Fourth District Court of Appeal, who arrived at a different result in *491People v. Wright (2019) 31 Cal.App.5th 749, 242 Cal.Rptr.3d…