PEOPLE v. MARTIN

No. S175356.

51 Cal.4th 75 (2010)

THE PEOPLE, Plaintiff and Respondent, v. LOUIS LAMBERT MARTIN, Defendant and Appellant.

Supreme Court of California.

December 30, 2010.


Attorney(s) appearing for the Case

Conrad Herring , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Lynne McGinnis and Kelley A. Johnson , Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

KENNARD, J.

Many criminal matters are resolved not by trial but by plea agreements between the prosecution and the defendant. Typically, a plea agreement allows the defendant to plead guilty to one or more charges in exchange for dismissal of one or more other charges.

Implicit in the plea agreement, which is in the nature of a contract, is the understanding that the trial court cannot use the facts of a dismissed charge...

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