People v. Superior Court (Ludwig)

In People v. Superior Court (Ludwig) (1985) 174 Cal. App. 3d 473, the People filed a petition for writ of mandate to challenge the trial court's acceptance of a plea change. The appellate court found that the trial court had engaged in plea bargaining in violation of Penal Code section 1192.7, and issued a writ. The appellate court found that a writ of mandate was proper "in light of the fact that the court's action is not appealable by the People under Penal Code section 1238." (Ludwig, at p. 475.) It found that the writ was proper because the trial court lacked jurisdiction to plea bargain with defendant.