People v. Allan

In People v. Allan (1996) 49 Cal.App.4th 1507, the defendant was charged with one felony and one misdemeanor, and several prior conviction enhancements. Before trial and over the prosecution's objection, the trial court struck the prior conviction allegations. The trial court then gave an indicated sentence for a guilty plea to the felony. Over the prosecution's objection, the defendant pled guilty to the felony. The trial court then dismissed the misdemeanor on its own motion over the prosecution's objection, and imposed the indicated sentence on the felony. The People appealed, and the appellate court reversed, finding the procedure constituted an illegal plea bargain. The trial court could not dismiss the misdemeanor; only the prosecutor could do so. The appellate court rejected the defendant's argument that the indicated sentence made the procedure acceptable, because the defendant did not plead to all the charges and enhancements, but only to the felony.