California v. Silva
Annotate this CaseDefendant Allen Silva plead no contest to a number of felony offenses and one misdemeanor petty theft charged in connection with two separate events. The parties agreed to a maximum sentence of six years eight months. The trial court sentenced defendant to the negotiated term of six years eight months on the felonies, but added a consecutive sentence of 30 days on the misdemeanor petty theft, which the trial court subtracted from defendant’s presentence custody credits. Defendant contended the trial court did not properly advise him he could withdraw his plea if the court was inclined to impose a higher sentence than the agreed maximum and contends the error required specific performance of the plea. After review, the Court of Appeal concluded that neither the trial court nor the Judicial Council plea form used in this case properly advised defendant of his right to withdraw his plea as required by Penal Code section 1192.5. However, specific performance was not the appropriate remedy in this case. The case was remanded for further proceedings.
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