Harris v. Superior Court of Los Angeles County
Annotate this CasePetitioner was charged with robbery. Pursuant to a plea agreement, Petitioner pleaded guilty to grand theft from the person, a felony, and admitted a prior robbery conviction on condition that he receive a six-year prison sentence. The People, in return, dismissed the robbery charge. The electorate later enacted Proposition 47, which reduced the grand theft offense to a misdemeanor. Defendant filed a petition for recall of sentence, asking the trial court to resentence him as a misdemeanant. The trial court denied relief, concluding that reducing the sentence would deprive the People of the benefit of their plea bargain, and thus they should be permitted to rescind the plea and reinstate the original robbery charge. The Court of Appeal affirmed. The Supreme Court reversed, holding that the People were not entitled to set aside the plea agreement when Defendant sought to have his sentence recalled under Proposition 47.
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