P. v. Warren CA3
Defendant Timothy David Warren negotiated the disposition of a number of pending cases against him in return for certain sentencing recommendations from the prosecutor. When the time came for sentencing, the prosecutor did not make the agreed-upon recommendations, and instead advocated for an even greater sentence. The trial court sentenced defendant to a greater sentence than contemplated by the three felony plea agreements.
Defendant now contends, and the Attorney General agrees, that the People violated the plea agreements by failing to recommend the agreed-upon sentences for the three felony charges at issue here. The parties also agree that remand should be to a different judge. We agree with the parties and remand for specific performance and resentencing before a different judge.
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