harm caused violation in California

1993“The usual remedies ... are to allow defendant to withdraw the plea and go to trial on the original charges, or to specifically enforce the plea bargain.” (People v. Mancheno (1982) 32 Cal.3d 855, 860-861 [187 *231 Cal.Rptr. 441, 654 P.2d 211 ].) “The goal in providing a remedy for breach of the bargain is to redress the harm caused by the violation without prejudicing either party or curtailing the normal sentencing discretion of the trial judge.

1993“The usual remedies ... are to allow defendant to withdraw the plea and go to trial on the original charges, or to specifically enforce the plea bargain.” (People v. Mancheno (1982) 32 Cal.3d 855, 860-861 [187 *231 Cal.Rptr. 441, 654 P.2d 211 ].) “The goal in providing a remedy for breach of the bargain is to redress the harm caused by the violation without prejudicing either party or curtailing the normal sentencing discretion of the trial judge.

2025Cir. 1986) 798 F.2d 1509, 1510 [“an order that denies a criminal defendant the right to consult with counsel during a substantial trial recess, even though limited to a discussion of testimony, is inconsistent with the sixth amendment of the Constitution,” and “the harm caused by this violation is such that reversal is required without a showing of actual prejudice”]; cf. People v. Hernandez (2012) 53 Cal.4th 1095, 1106 [prejudice was not presumed where the 16 defendant “was at all times free to consult with his attorney generally about trial tactics and defense strategy, and although he was n

2025Cir. 1986) 798 F.2d 1509, 1510 [“an order that denies a criminal defendant the right to consult with counsel during a substantial trial recess, even though limited to a discussion of testimony, is inconsistent with the sixth amendment of the Constitution,” and “the harm caused by this violation is such that reversal is required without a showing of actual prejudice”]; cf. People v. Hernandez (2012) 53 Cal.4th 1095, 1106 [prejudice was not presumed where the 16 defendant “was at all times free to consult with his attorney generally about trial tactics and defense strategy, and although he was n

2025Cir. 1986) 798 F.2d 1509, 1510 [“an order that denies a criminal defendant the right to consult with counsel during a substantial trial recess, even though limited to a discussion of testimony, is inconsistent with the sixth amendment of the Constitution,” and “the harm caused by this violation is such that reversal is required without a showing of actual prejudice”]; cf. People v. Hernandez (2012) 53 Cal.4th 1095, 1106 [prejudice was not presumed where the 16 defendant “was at all times free to consult with his attorney generally about trial tactics and defense strategy, and although he was n

2022Notably, “advisement error and violation of a plea bargain are two different things.” (People v. Villalobos (2012) 54 Cal.4th 177, 185 .) 6 matter involving sentencing,” review may be appropriate without a certificate of probable cause].) The remedy for violation of a plea agreement “depends on the circumstances of each case,” and the “typical remedy is to allow the defendant to withdraw his or her guilty plea and go to trial on the original charges.” (People v. Renfro (2004) 125 Cal.App.4th 223, 233 ; see also People v. Kim (2011) 193 Cal.App.4th 1355, 1362 .) “The goal in providing a remedy

1993The remedy chosen will vary depending on the circumstances of each case.” (Id. at p. 1028, internal quotation marks omitted; Santobello v. New York (1971) 404 U.S. 257, 264 [ 30 L.Ed.2d 427, 434 , 92 S.Ct. 495 ].) Delgado was given the opportunity to withdraw his plea, a reasonable response to the court’s change of mind after learning in greater detail of Delgado’s criminal history.

1993The remedy chosen will vary depending on the circumstances of each case.” (Id. at p. 1028, internal quotation marks omitted; Santobello v. New York (1971) 404 U.S. 257, 264 [ 30 L.Ed.2d 427, 434 , 92 S.Ct. 495 ].) Delgado was given the opportunity to withdraw his plea, a reasonable response to the court’s change of mind after learning in greater detail of Delgado’s criminal history.