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PEOPLE v. SUPERIOR COURT (FELMANN)

Docket No. 48302.

59 Cal.App.3d 270 (1976)

130 Cal. Rptr. 548

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HERSHEY HAROLD FELMANN, Real Party in Interest.

Court of Appeals of California, Second District, Division One.

June 18, 1976.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Donald J. Kaplan, Harry B. Sondheim and Eugene D. Tavris, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

Hollopeter & Terry and Don H. Terry for Real Party in Interest.

Paul Arthur Turner as Amicus Curiae on behalf of Real Party in Interest.

OPINION

THOMPSON, J.

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. (1a, 2a) 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...

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