P. v. Alvarez
Defendant Bobby Angel Alvarez appeals from the judgment of conviction entered against him after a jury trial. Before trial, the prosecution had offered defendant a negotiated disposition by which defendant would plead guilty to an assault offense and, inter alia, be placed on formal probation under terms and conditions including that he serve 365 days in jail. Defendant accepted the prosecution’s offer, but the trial court refused to accept the agreement.
We reverse. Based on the record before us and for the reasons we explain in detail, the trial court erred by not accepting the negotiated disposition agreement reached by defendant and the prosecution. The only suitable remedy is specific enforcement of defendant’s written negotiated disposition agreement with the prosecution; therefore, on remand, we direct the trial court to accept that agreement.
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