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California Supreme Court holds that trial court may not modify material term of plea agreement granting probation without both parties' consent

By Walin & Klarich

It was alleged that on May 29, 2005, Defendant Luis Gregorio Segura inflicted corporal injury upon his spouse, a serious or violent three-strikes felony within the meaning of the ?Three Strikes? law. Segura negotiated with the prosecutor a plea of no contest to the present charge in exchange for which a prior conviction allegation for felony battery, also a serious or violent felony within the meaning of the Three Strikes law, would be dismissed. Pursuant to the plea deal, he was to be placed on probation on the condition, among other things, that he serves 365 days in county jail. Prior to entering his plea, Segura waived his constitutional rights and acknowledged that if he was not a citizen of the United States; the one-year term would qualify the offense as an ?aggravated felony? under federal law and require his deportation...continue to full post

Full post as published by Southern California Criminal Defense Blog on December 02, 2008 (boomark / email).