People v. Vergara

In People v. Vergara (1991) 230 Cal. App. 3d 1564, the People appealed pleas and sentences, arguing that the trial court entered into an impermissible plea bargain and improperly stayed imposition of certain enhancements. (People v. Vergara, supra, 230 Cal. App. 3d 1564, 1566.) The court affirmed the convictions and reversed the order staying the enhancements. The appellate court found that illegal plea bargaining was not involved because the crimes were not serious felonies under Penal Code section 1192.7, which proscribes plea bargaining for serious felonies. (Vergara, at p. 1567.) Defendants pled guilty to all charges and the appellate court held that, in that situation, the People's consent was not required. (Id. at pp. 1567-1568.) With regard to the staying of the enhancements, the appellate court found that the prosecution could appeal imposition of an unlawful sentence. Notably, the appellate court did not dismiss the appeal for lack of jurisdiction, nor did it find that an appeal by the People was unauthorized.