time set hearing in California

1985(P. 872.) Section 1192.5 provides in pertinent part that the trial court “may, at the time set for the hearing on the application for probation or pronouncement of judgment, withdraw its approval [of a plea bargain] in the *350 light of further consideration of the matter . . . .” (Italics added.) The italicized phrase was construed in Johnson to mean “upon sentencing.” (Johnson, supra, 10 Cal.3d at p. 873 .) Other courts have assumed the “hearing” specified in the statute means the sentencing hearing, an interpretation with which we concur.

1976Code, § 1192.5; People v. Johnson, 10 Cal.3d 868, 872-873 [ 112 Cal.Rptr. 556 , 519 P.2d 604 ]; People v. Delles, 69 Cal.2d 906, 910-911 [ 73 Cal.Rptr. 389 , 447 P.2d 629 ]; see In re Sutherland, 6 Cal.3d 666, 671-672 [ 100 Cal.Rptr. 129 , 493 P.2d 857 ]; People v. Kirkpatrick, 7 Cal.3d 480, 487 [ 102 Cal.Rptr. 744 , 498 P.2d 992 ].) This procedure is explicit in Penal Code section 1192.5 which provides in part: “If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time set for the hearing on t

2016He does not assert this argument in his brief on appeal. 3 DISCUSSION Under section 1192.5, when a defendant’s “plea is accepted by the prosecuting attorney in open court and is approved by the court, the defendant, except as otherwise provided in [that] section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea. [¶] If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time

2013Section 1192.5 provides in part: “Where the plea is accepted by the prosecuting attorney in open court and is approved by the court, the defendant, except as otherwise provided in this section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea. [¶] If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time set for the hearing on the application for probation or pronouncement

2015The statute provides that a trial court “may, at the time set for the hearing on the . . . pronouncement of judgment, withdraw its approval [of a plea] in the light of further consideration of the matter.” (§ 1192.5.) “ ‘[I]mplicit in the language of section 1192.5 is the premise that the court, upon sentencing, has broad discretion to withdraw its prior approval of a negotiated plea.’ [Citation.] Such withdrawal is permitted, for example, in those instances where the court becomes more fully informed about the case [citation], or where, after further consideration, the court concludes that th

2015The statute provides that a trial court “may, at the time set for the hearing on the . . . pronouncement of judgment, withdraw its approval [of a plea] in the light of further consideration of the matter.” (§ 1192.5.) “ ‘[I]mplicit in the language of section 1192.5 is the premise that the court, upon sentencing, has broad discretion to withdraw its prior approval of a negotiated plea.’ [Citation.] Such withdrawal is permitted, for example, in those instances where the court becomes more fully informed about the case [citation], or where, after further consideration, the court concludes that th

2026(People v. Segura (2008) 44 Cal.4th 921, 935 [length of jail term is significant]; People v. Silva, supra, 247 Cal.App.4th at pp. 591–592 [30-day jail sentence consecutive to agreed-upon sentence allowed defendant to withdraw plea].) “[T]here is a qualitative difference between an inmate in actual prison custody and a felon released in the community under mandatory supervision.” (Wofford v. Superior Court (2014) 230 Cal.App.4th 1023, 1037 .) Because the trial court did not give the section 1192.5 admonition, counsel’s statement that he and Majstoric were “ready to proceed” does not 4 establish

2020(People v. Segura (2008) 44 Cal.4th 921, 930 [“[A] ‘negotiated plea agreement is a form of contract.’ ”].) The parties to a plea bargain must consider all possibilities, from complete acquittal with no punishment to conviction on all charges and imposition of the maximum sentence.

2023(People v. Stringham (1988) 206 Cal.App.3d 184, 194 (Stringham).) Section 1192.5 establishes that after a trial court has indicated its initial approval of a plea agreement, “it may, at the time set for the hearing on the . . . pronouncement of judgment, withdraw its approval in . . . light of further consideration of the matter.” (§ 1192.5, subd. (c).) In criminal cases, the pronouncement of judgment occurs “ ‘when the trial court orally pronounces sentence.’ ” (People v. Mendoza (2009) 171 Cal.App.4th 1142, 1150 .) Thus, under section 1192.5, a court has broad discretion to withdraw its orig

2023(People v. Silva (2016) 247 Cal.App.4th 578, 588 .) The court’s discretion to do so is recognized as “near-plenary.” (Stringham, supra, 206 Cal.App.3d at p. 195 .) When a court concludes that a plea bargain is unacceptable, the remedy is for the court to reject the bargain, not to directly or indirectly violate the bargain by imposing different terms.

1953The court ( 18 Cal.2d 545 ) said: “. . . the court was authorized to render a judgment of dismissal against petitioners for their failure to attend.” The case of Horney v. Superior Court, 83 Cal.App.2d 262, 267 [ 188 P.2d 552 ] discusses the same subject, citing, among other cases, Estate of Somers, 82 Cal.App.2d 757 [ 187 P.2d 433 ].

1953The court ( 18 Cal.2d 545 ) said: “. . . the court was authorized to render a judgment of dismissal against petitioners for their failure to attend.” The case of Horney v. Superior Court, 83 Cal.App.2d 262, 267 [ 188 P.2d 552 ] discusses the same subject, citing, among other cases, Estate of Somers, 82 Cal.App.2d 757 [ 187 P.2d 433 ].

2023(See § 1192.5, subd. (d).) “The statutory scheme contemplates that a court may initially indicate its approval of an agreement at the time of the plea but that ‘it may, at the time set for the hearing on the application for probation or pronouncement of judgment, withdraw its approval in the light of further consideration of the matter . . . .’ (§ 1192.5.) ‘The code expressly reserves to the court the power to disapprove the plea agreement’ up until sentencing. [Citation.] ‘In exercising their discretion to approve or reject proposed plea bargains, trial courts are charged with the protection

2022(Ibid.) 10 Section 1192.5 provides in pertinent part: “When the plea is accepted by the prosecuting attorney in open court and is approved by the court, the defendant, except as otherwise provided in this section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea. [¶] If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time set for the hearing on the application for probat

2026DISCUSSION Withdrawal of plea “[A] plea of guilty or nolo contendere . . . may specify the punishment.” (§ 1192.5, subd. (a).) Where, as here, “the plea is accepted by the prosecuting attorney in open court and is 3 approved by the court, the defendant, except as otherwise provided in this section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea.” (Id., subd. (b).) “If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1)

2016That section provides in pertinent part that when a plea bargain is accepted by the parties and approved by the court, the defendant generally ‘cannot be sentenced on such plea to a punishment more severe than that specified in the plea and the court may not proceed as to such plea other than as specified in the plea.’ The court ‘shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time set for the hearing on the application for probation or pronouncement of judgment, withdraw its approval in the light of further consideration of t

1956In their opposition to the presentation of the order and decree establishing heirship, appellants denied that they appeared personally or through counsel at the hearing of December 10, 1953, and denied “that their calculated abstention was or is cured by any waiver or stipulation or default.” In Daniels v. Baldwin, 115 Cal.App.2d 487, 489 [ 252 P.2d 351 ], it was said that where appellants “voluntarily refrained from appearing at the time set for the hearing they cannot be heard to com plain at this- time as to the conduct of the trial.” (And see O’Day v. Superior Court, 18 Cal.2d 540, 552 [11

1956In their opposition to the presentation of the order and decree establishing heirship, appellants denied that they appeared personally or through counsel at the hearing of December 10, 1953, and denied “that their calculated abstention was or is cured by any waiver or stipulation or default.” In Daniels v. Baldwin, 115 Cal.App.2d 487, 489 [ 252 P.2d 351 ], it was said that where appellants “voluntarily refrained from appearing at the time set for the hearing they cannot be heard to com plain at this- time as to the conduct of the trial.” (And see O’Day v. Superior Court, 18 Cal.2d 540, 552 [11

2023The court shall also cause an inquiry to be made of the defendant to satisfy itself that the plea is freely and voluntarily made, and that there is a factual basis for the plea.” 5 further provides that if the court subsequently withdraws its approval of the plea agreement, “ ‘the defendant shall be permitted to withdraw his or her plea if he or she desires to do so.’ ” (People v. Masloski, supra, 25 Cal.4th at p. 1217 .) Although a defendant who is fully advised of his or her rights under section 1192.5 at the time of sentencing may waive such rights, Cruz held that “[a]ny such waiver, of cou

2016He does not assert this argument in his brief on appeal. 3 DISCUSSION Under section 1192.5, when a defendant’s “plea is accepted by the prosecuting attorney in open court and is approved by the court, the defendant, except as otherwise provided in [that] section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea. [¶] If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time

2015Under section 1018, “[m]istake, ignorance or any other factor overcoming the exercise of free judgment is good cause for withdrawal of a guilty plea. [Citations.] But good cause must be shown by clear and convincing evidence.” (People v. Cruz (1974) 12 Cal.3d 562, 566 [ 116 Cal.Rptr. 242 , 526 P.2d 250 ].) Challenges to rulings under section 1018 usually arise where a defendant pleads guilty, later unsuccessfully tries to withdraw the plea, and then appeals the trial court’s denial of the motion to withdraw.

2015Under section 1018, “[m]istake, ignorance or any other factor overcoming the exercise of free judgment is good cause for withdrawal of a guilty plea. [Citations.] But good cause must be shown by clear and convincing evidence.” (People v. Cruz (1974) 12 Cal.3d 562, 566 [ 116 Cal.Rptr. 242 , 526 P.2d 250 ].) Challenges to rulings under section 1018 usually arise where a defendant pleads guilty, later unsuccessfully tries to withdraw the plea, and then appeals the trial court’s denial of the motion to withdraw.

2026Section 1192.5 applies where a guilty plea is 4 This section provides, in relevant part, that “When the plea is accepted by the prosecuting attorney in open court and is approved by the court, the defendant, except as otherwise provided in this section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea. [¶] If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time set for t

2026Section 1192.5 applies where a guilty plea is 4 This section provides, in relevant part, that “When the plea is accepted by the prosecuting attorney in open court and is approved by the court, the defendant, except as otherwise provided in this section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea. [¶] If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time set for t

2026Code, § 7870, subd. (b) [“[i]f, at the time set for hearing, . . . service has been completed and no interested person appears to contest, the court may issue an order based on the verified pleadings and any other evidence as may be submitted”]; In re Vanessa M. (2006) 138 Cal.App.4th 1121, 1131 [“When a parent is absent without good cause at a properly noticed hearing, the court is entitled to proceed in the parent’s absence”]; In re Clarissa H. (2003) 105 Cal.App.4th 120, 122-124 [same]; In re Angela R. (1989) 212 Cal.App.3d 257, 275-276 .) And because, in this situation, the parent has not

2026Code, § 7870, subd. (b) [“[i]f, at the time set for hearing, . . . service has been completed and no interested person appears to contest, the court may issue an order based on the verified pleadings and any other evidence as may be submitted”]; In re Vanessa M. (2006) 138 Cal.App.4th 1121, 1131 [“When a parent is absent without good cause at a properly noticed hearing, the court is entitled to proceed in the parent’s absence”]; In re Clarissa H. (2003) 105 Cal.App.4th 120, 122-124 [same]; In re Angela R. (1989) 212 Cal.App.3d 257, 275-276 .) And because, in this situation, the parent has not

2026Section 1192.5 applies where a guilty plea is 4 This section provides, in relevant part, that “When the plea is accepted by the prosecuting attorney in open court and is approved by the court, the defendant, except as otherwise provided in this section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea. [¶] If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time set for t

2023(See § 1192.5, subd. (d).) “The statutory scheme contemplates that a court may initially indicate its approval of an agreement at the time of the plea but that ‘it may, at the time set for the hearing on the application for probation or pronouncement of judgment, withdraw its approval in the light of further consideration of the matter . . . .’ (§ 1192.5.) ‘The code expressly reserves to the court the power to disapprove the plea agreement’ up until sentencing. [Citation.] ‘In exercising their discretion to approve or reject proposed plea bargains, trial courts are charged with the protection

2023Stamps, who faced a potential “third strike” sentence of 25 years to life, agreed to a plea bargain imposing a nine-year sentence, which included a mandatory five-year enhancement for a prior conviction of a serious felony. (§ 667, subd. (a); see Stamps, supra, 9 Cal.5th at p. 693 .) At the time the plea was negotiated, “a fundamental assumption underlying the plea bargain” (People v. Collins (1978) 21 Cal.3d 208, 215 (Collins)) was that the sentencing court could not strike such an enhancement.