Harris v. Super. Ct.Annotate this Case
Defendant pled guilty to a felony charge of grand theft from a person and agreed to admit a prior strike and receive a six-year prison sentence, in exchange for dismissal of the more serious felony charge of robbery. Proposition 47 was passed over a year later. In this case, the court concluded that reduction of the plea-bargained felony charge to a misdemeanor under Proposition 47 deprives the People of the benefit of the bargain of its plea agreement. Therefore, the court concluded that the People are entitled to withdraw from the plea and reinstate the previously-dismissed charges, thus returning the parties to the status quo ante. The court denied the writ of prohibition.