(Download) "People v. Marx" by Second Appellate District, Division Five Court of Appeal of California * Book PDF Kindle ePub Free
eBook details
- Title: People v. Marx
- Author : Second Appellate District, Division Five Court of Appeal of California
- Release Date : January 29, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This petition for writ of review, prohibition, or mandate asserts that Penal Code section 1192.5 precludes a trial judge from entering into a sentence bargain dispositive of a criminal proceeding unless the prosecuting attorney consents. We conclude that: (1) section 1192.5 does preclude the trial judge from entering into a bargain in the sense of negotiating a more lenient sentence than would be imposed after trial in return for a plea of guilty or nolo contendere; (2) Penal Code section 1192.5 cannot constitutionally be construed to prevent a trial judge from indicating what sentence he will impose if a given set of facts is confirmed, irrespective of whether guilt is adjudicated at trial or admitted by a plea; and (3) the record here is equivocal as to which of those procedures was followed by the trial court. Accordingly, we order that a peremptory writ of mandate issue directing the trial court to clarify its record and proceed as the clarification dictates.
 "People v. Marx" by Second Appellate District, Division Five Court of Appeal of California * Book PDF Kindle ePub Free){kind=link}