People v. Beebe

In People v. Beebe (1989) 216 Cal.App.3d 937, the defendant pled guilty to a count of lewd and lascivious conduct with a child under the age of 14 ( 288, subd. (a)) in exchange for a grant of probation. The trial court also agreed that if he successfully completed probation, his conviction would be reduced to a violation of 647a (misdemeanor child molestation). Thereafter, the court denied the defendant's motion to withdraw his plea. (Id. at p. 930-931.) On appeal, the defendant argued, in pertinent part, that the trial court abused its discretion in denying his motion because it exceeded its jurisdiction when it approved a plea bargain that provided for a reduction of his felony conviction for violating section 288, subdivision (a) to a misdemeanor conviction for violating section 647a. (Ibid.) Although the Beebe court agreed that the trial court acted in excess of its jurisdiction, it nevertheless held that the defendant was estopped from withdrawing his plea. In so holding, the court explained: "Although defendant's plea agreement exceeded the trial court's jurisdiction, we hold that defendant is estopped from withdrawing his plea. Thus, the trial court did not err in denying defendant's motion to withdraw the plea. "It is clear that the trial court's error in approving defendant's plea is premised on an excess of jurisdiction, not on the lack of fundamental jurisdiction. 'When the court has jurisdiction of the subject, a party who seeks or consents to action beyond the court's power as defined by statute or decisional rule may be estopped to complain of the ensuing action in excess of jurisdiction. Whether he shall be estopped depends on the importance of the irregularity not only to the parties but to the functioning of the courts and in some instances on other considerations of public policy. A litigant who has stipulated to a procedure in excess of jurisdiction may be estopped to question it when "To hold otherwise would permit the parties to trifle with the courts."'" (People v. Beebe, supra, 216 Cal.App.3d at p. 932.)