PEOPLE v. CRUZ

Docket No. Crim. 26142.

44 Cal.3d 1247 (1988)

752 P.2d 439

246 Cal. Rptr. 1

THE PEOPLE, Plaintiff and Respondent, v. FRANK A. CRUZ, Defendant and Appellant.

Supreme Court of California.

April 21, 1988.


Attorney(s) appearing for the Case

COUNSEL

Thomas T. Ono, under appointment by the Supreme Court, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Robert R. Anderson and Donald E. De Nicola, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BROUSSARD, J.

Penal Code section 1192.5 provides that a defendant who pleads guilty pursuant to a plea bargain which is subsequently disapproved by the trial court shall be permitted to withdraw the plea if he or she so desires. The issue before us is whether this provision applies when the trial court withdraws its approval because the defendant fails to appear for sentencing. We conclude that the statute applies even to...

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