In re Lewallen

In In re Lewallen (1979) 23 Cal.3d 274, the court emphasized "that a trial court's discretion in imposing sentence is in no way limited by the terms of any negotiated pleas or sentences offered the defendant by the prosecution. The imposition of sentence within the legislatively prescribed limits is exclusively a judicial function. . . . Legitimate facts may come to the court's attention either through the personal observations of the judge during trial , or through the presentence report by the probation department, to induce the court to impose a sentence in excess of any recommended by the prosecution. Thus it is clear that under appropriate circumstances a defendant may receive a more severe sentence following trial than he would have received had he pleaded guilty; the trial itself may reveal more adverse information about him than was previously known. . . ." (In re Lewallen, supra, 23 Cal.3d at p. 281, )