ALHUSAINY v. THE SUPERIOR COURT OF ORANGE COUNTY
Plea condition requiring defendant to leave the state indefinitely and miss sentencing hearing was constitutionally improper. Thus voiding the plea bargain, because it was not narrowly tailored or reasonably related to defendant's crimes of domestic violence, and public policy precludes banishment of felons from the state, and it required defendant to commit another felony, i.e., flee the jurisdiction to avoid sentencing. Where trial judge sanctioned invalid plea bargain banishing defendant from the state, and judge's four-year sentence for domestic violence raised issue of judge's animus toward defendant. The interests of justice necessitated that, if defendant were to move to disqualify the judge, another trial judge should hear further proceedings, even though the request would be untimely as a matter of statute.
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