People v. Glennon

In People v. Glennon (1990) 225 Cal.App.3d 101, the defendant entered a plea of no contest to all charges in a prosecution for misappropriation of state funds. Prior to entering his plea, the defendant was advised of and waived his constitutional rights. He was advised on the range of punishment for the offense, the applicable parole period, and the consequences of a revocation of parole before he entered the plea. Although the plea was not the result of a negotiated plea, the sentencing judge indicated that a two-year prison term appeared to be appropriate. No mention of a restitution fine was made. (Glennon, supra, at p. 103.) The defendant was also advised that the plea was not binding on the court and, if the sentencing judge withdrew his approval of the indicated disposition, the defendant would be allowed to withdraw his plea. (Id. at pp. 103-104.) The defendant was sentenced to two years in prison and a restitution fine of $10,000 was imposed. (Id. at p. 104.) On appeal, the defendant asked that the restitution fine be stricken, since the fine was a direct consequence of his plea and he was not informed of the possibility. The court in Glennon determined that the trial court's failure to advise the defendant of the fine did not present a constitutional issue and found the error nonprejudicial. But the court reversed nonetheless because it was "concerned that when appellant entered his plea he was advised that he could withdraw it if the indicated disposition was not the sentence imposed." (People v. Glennon, supra, 225 Cal.App.3d at pp. 105-106.) And, "although this advice was unnecessary since the plea was not the result of a negotiated agreement," the court remanded the case to allow the defendant the opportunity to withdraw his plea. (Id. at p. 106.)