PEOPLE v. ALKIRE

Docket No. 11887.

122 Cal.App.3d 119 (1981)

175 Cal. Rptr. 819

THE PEOPLE, Plaintiff and Respondent, v. JAMES ANDREW ALKIRE, Defendant and Appellant.

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

July 28, 1981.


Attorney(s) appearing for the Case

COUNSEL

William N. Pabarcus, under appointment by the Court of Appeal, for Defendant and Appellant. George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Richard D. Garske, Steven V. Adler and Richard D. Hendlin, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

WORK, J.

Today we hold, in the absence of an express agreement, a person whose guilty plea is obtained in exchange for a promise any future confinement will be for a specified period, may not be later sentenced to a longer term where sentencing follows revocation of probation, even though imposition of sentence was originally suspended.

James Andrew Alkire, an alcoholic and a drug abuser, entered a bargained guilty...

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