SAN DIEGO CRIMINAL DEFENSE: COURT CAN'T MODIFY PLEA AGREEMENT AFTER IMPOSITION OF SENTENCE
The defendant here pled guilty pursuant to a plea bargain which contemplate a setnece of 365 days. The court imposed the 365-day sentence.
Four months later the defendant returned to court and asked that the probation condition of 365 days in jail be modified to 360 days in jail in order to prevent the conviction from qualifying as an aggravated felony for federal immigration purposes.
The court denied the motion, stating that it didn't have the power to do so, because it would violate the plea agreement. The California Supreme Court agreed.
People v. Segura; 2008 DJ DAR 12174; DJ, 8/4/08; Cal. Supremes
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