California Supreme Court

The People, Plaintiff and Respondent v. Ramiro Villalobos, Defendant and Appellant — Kennard, J., Dissenting

June 4, 201254 Cal. 4th 177

Summary

Justice Kennard, dissenting, would hold that imposing $4,000 restitution and parole revocation fines violated the plea bargain because the agreement mentioned neither fine and only statutorily mandated minimum penalties were implicitly authorized. She would apply the earlier rule that unmentioned, nonmandatory penalties may not be imposed after a negotiated plea and would reverse the Court of Appeal. The dissent argues that later decisions involving mandatory penalties or an express sentencing warning are consistent with that rule.