People v. Marx

This petition for writ of review, prohibition, or mandate asserts that Penal Code section 1192.5 precludes a trial judge from entering into a sentence bargain dispositive of a criminal proceeding unless the prosecuting attorney consents. We conclude that: (1) section 1192.5 does preclude the trial judge from entering into a bargain in the sense of negotiating a more lenient sentence than would be imposed after trial in return for a plea of guilty or nolo contendere; (2) Penal Code section 1192.5 cannot constitutionally be construed to prevent a trial judge from indicating what sentence he will impose if a given set of facts is confirmed, irrespective of whether guilt is adjudicated at trial or admitted by a plea; and (3) the record here is equivocal as to which of those procedures was followed by the trial court. Accordingly, we order that a peremptory writ of mandate issue directing the trial court to clarify its record and proceed as the clarification dictates.