People v. Superior Court (Smith)

In People v. Superior Court (Smith) (1978) 82 Cal. App. 3d 909, the People filed a petition for a writ of mandate to vacate orders accepting guilty pleas in two cases. The People argued that the court engaged in illegal plea bargaining but, since the defendants pled guilty to all charges, no illegal plea bargaining was involved. Since the agreement of the district attorney was not required, the writ petition was unsuccessful. The court then said: "The order accepting a plea of guilty or nolo contendere to a crime or crimes as charged in the information or indictment is not appealable (Pen. Code, 1238) nor may it be attacked by way of an extraordinary writ. " (People v. Superior Court (Smith), supra, 82 Cal. App. 3d 909, 916.)