PEOPLE v. THORNTON

No. D046052.

39 Cal.Rptr.3d 887 (2006)

137 Cal.App.4th 241

The PEOPLE, Plaintiff and Appellant, v. Robert THORNTON et al., Defendants and Respondents.

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

As Modified on Denial of Rehearing March 16, 2006.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, for Plaintiff and Appellant.

Carmela F. Simoncini, San Diego, under appointment by the Court of Appeal, for Defendant and Respondent Robert Thornton.

Carl M. Hancock, under appointment by the Court of Appeal, for Defendant and Respondent Jonathan McClaurin.


McCONNELL, P.J.

The People appeal, contending the court erred in ordering specific performance of a plea bargain for two defendants based on a finding they had detrimentally relied on the plea bargain when they waived time for the preliminary hearing. We reverse the judgment with instructions.

FACTUAL AND PROCEDURAL BACKGROUND

On April 8, 2004,1 defendants Robert Thornton...

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