People v. Villareal

In People v. Villareal (1977) 65 Cal.App.3d 938, a plea bargain was reached by a deputy prosecutor, and approved by his supervisor, that provided for county jail time for two defendants accused of selling drugs, and the probation officer so recommended in his report. (Id. at pp. 941-943.) However, when the district attorney learned a deputy prosecutor had entered into a bargain for local time in a drug sales case, he viewed this as a breach of his office policy, and he told the chief probation officer that the defendants should go to prison. The chief probation officer later announced to his staff that it was his policy not to recommend local time in such cases, and ordered supplemental reports to be prepared, recommending prison sentences. (Id. at pp. 943-944.) On these facts, the Court of Appeal, Fifth Appellate District, held: "It cannot be denied that the district attorney was guilty of a gross impropriety. He not only deliberately breached a plea bargain entered into by his deputies, but he also made a successful, ex parte attempt to induce the probation department to change its favorable recommendations even though the probation reports were completed and filed with the superior court in anticipation of a presentencing hearing. If the district attorney believed that his deputies exceeded their authority when they entered into the plea bargains . . . or if he felt that there was a change in circumstances warranting new and different recommendations as to the sentences to be imposed, he should have notified defense counsel promptly and then presented his position to the court in a forthright manner at or before the presentencing hearing." (Villareal, supra, 65 Cal.App.3d at pp. 944-945.) The court emphasized that "in preparing presentencing reports, probation officers should evaluate each case on its own merits, unfettered by fixed and inflexible policies adopted to conform with the ideas of prosecuting authorities." (Id. at p. 945.) The remedy was to remand for the trial court to order a new probation report prepared by another county. (Id. at p. 946.)