People v. Cruz (1988)

n People v. Cruz (1988) 44 Cal.3d 1247, the parties entered into a plea agreement that specified the maximum punishment that the defendant would face. When the defendant failed to appear for sentencing, however, the trial court announced its intent not to abide by the plea bargain, denied the defendant's motion to withdraw his plea, and imposed a greater term than that contemplated by the plea agreement. (Id. at p. 1249.) The California Supreme Court held that under the circumstances, the defendant did not lose the protections of section 1192.5 and must be permitted to withdraw his plea. (Cruz, supra, at p. 1250.) Section 1192.5 currently states, in pertinent part: "Upon a plea of guilty or nolo contendere to an accusatory pleading charging a felony, ... the plea may specify the punishment .... Where the plea is accepted by the prosecuting attorney in open court and is approved by the court, the defendant, except as otherwise provided in this section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea.If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time set for the hearing on the application for probation or pronouncement of judgment, withdraw its approval in the light of further consideration of the matter, and (3) in that case, the defendant shall be permitted to withdraw his or her plea if he or she desires to do so." The court went on to say, however, "We do not mean to imply by this holding that a defendant fully advised of his or her rights under section 1192.5 may not expressly waive those rights, such that if the defendant willfully fails to appear for sentencing the trial court may withdraw its approval of the defendant's plea and impose a sentence in excess of the bargained-for term. Any such waiver, of course, would have to be obtained at the time of the trial court's initial acceptance of the plea, and it must be knowing and intelligent." (Cruz, supra, at p. 1254, fn. 5.)