People v. Woodard

Opinion

COMPTON, J.

The People appeal from a judgment of the Superior Court of Los Angeles County granting probation to the defendant and dismissing one of the charges against him. We reverse.

Defendant was charged in a two-count information filed by the District Attorney of Los Angeles County with burglary (count I) and a violation of Penal Code section 288, child molesting (count II).

The judgment from which this appeal is taken was entered after the trial court,

over the objection of the People,

permitted the defendant to enter a plea of guilty to the burglary charge (count I) and dismissed the child molestation charge (count II). Proceedings were suspended, defendant was placed on probation for a period of five years and after receiving credit for time already served was released from custody.

In taking the action that it did, the trial court purported to specifically enforce a “plea bargain” previously entered into between the prosecution and defendant. That “plea bargain” had previously been tentatively approved by the Honorable Henry Shatford, a judge of the Los Angeles Superior Court, before whom the matter was originally set.

After defendant had entered a guilty plea to the burglary charge and a not guilty plea to the charge of child molesting, Judge Shatford set the matter for sentencing. After receiving a report from the probation department and a report from the Department of Corrections pursuant to Penal Code section 1203.3, Judge Shatford withdrew his approval of the bargain on the grounds that defendant was dangerous and required incarceration beyond that contemplated by the “plea bargain.”

[110]

Judge Shatford then permitted defendant to withdraw his guilty plea and enter a plea of not guilty to the burglary charge. The entire matter was transferred for trial to the department of the Honorable Gilbert Alston, who entered the judgment from which this appeal is taken.

It is well settled that a plea bargain is a tripartite agreement which requires the consent of the defendant, the People and the court. (Pen. Code, § 1192.5;