Many criminal matters are resolved not by trial but by plea agreements between the prosecution and the defendant. Typically, a plea agreement allows the defendant to plead guilty to one or more charges in exchange for dismissal of one or more other charges.
Implicit in the plea agreement, which is in the nature of a contract, is the understanding that the trial court cannot use the facts of a dismissed charge to impose "adverse sentencing consequences" unless the defendant consents or a transactional relationship exists between the admitted charge and the dismissed charge. (People v. Harvey (1979) 25 Cal.3d 754, 758 [159 Cal.Rptr. 696, 602 P.2d 396] (Harvey).) In Harvey, the trial court imposed an increased prison term based on the facts of a dismissed charge. At issue here is whether Harvey applies to the imposition of probation conditions based on the facts of a dismissed charge. The Court of Appeal construed Harvey as limited to the imposition of prison sentences. It expressly disagreed with the Court of Appeal in People v. Beagle (2004) 125 Cal.App.4th 415 [22 Cal.Rptr.3d 757] (Beagle), which construed Harvey as applying also to the imposition of probation conditions. We agree with the latter view.
In July 2008, defendant Louis Lambert Martin lived with his girlfriend in an apartment in San Bernardino. On July 27, police officers responded to a
Later that same day, the officers returned in response to the girlfriend's call that defendant was back. Upon arrival, the officers saw defendant walk up a staircase towards the apartment. They ordered defendant to stop. When defendant failed to do so, the officers ran up the staircase after him. As defendant entered the apartment's front door, one of the officers put his foot in the door to keep it open. Defendant shut the door on the officer's foot and ankle, injuring him. Defendant then fled, pursued by the officers, who later found him in a carport trying to hide under a car. When the officers handcuffed defendant, he put up a fight.
Defendant was charged with the felony of resisting an officer by the use of force or violence (Pen. Code, § 69; all further statutory references are to the Penal Code) and the misdemeanor of corporal injury to a cohabitant (§ 273.5, subd. (a)). The prosecution and defendant negotiated a plea agreement. In exchange for dismissal of the misdemeanor offense, defendant agreed to plead guilty to the felony charge, for which he would be placed on probation, which was to include service of 120 days in county jail.
The plea bargain did not mention that defendant would be subject to probation conditions based on the facts of the dismissed domestic violence charge. But at a later hearing the trial court stated its intention to impose such probation conditions.
On appeal, defendant argued that the imposition of domestic violence probation conditions was improper because the plea agreement did not include his consent to probation conditions flowing from the dismissed domestic violence charge. The Court of Appeal upheld the challenged conditions. It noted that Harvey involved an increased prison term and therefore did not apply to probation, which it characterized as an act of grace or clemency. It rejected the contrary conclusion of the Court of Appeal in
Because a negotiated plea agreement is in the nature of a contract, "it is interpreted according to general contract principles." (People v. Shelton (2006) 37 Cal.4th 759, 767 [37 Cal.Rptr.3d 354, 125 P.3d 290].) The trial court's approval of the agreement binds the court to the terms of the plea bargain, and the defendant's sentence must be within the negotiated terms. (Segura, supra, 44 Cal.4th at pp. 930-931.)
Central to the issue here is our decision in Harvey, supra, 25 Cal.3d 754. There the defendant pled guilty to two counts of robbery, and the prosecution agreed to dismissal of a factually unrelated count of robbery. At sentencing, the trial court increased the defendant's prison sentence by using the facts of the dismissed, unrelated robbery charge. That, we stated, the trial court could not do: "In our view, under the circumstances of this case, it would be improper and unfair to permit the sentencing court to consider any of the facts underlying the dismissed count three for purposes of aggravating or enhancing defendant's sentence. Count three was dismissed in consideration of defendant's agreement to plead guilty to counts one and two. Implicit in such a plea bargain, we think, is the understanding (in the absence of any contrary agreement) that defendant will suffer no adverse sentencing consequences by reason of the facts underlying, and solely pertaining to, the dismissed count." (Id. at p. 758, italics added.)
Defendant relies on Beagle, supra, 125 Cal.App.4th 415, a Court of Appeal decision that held that a "condition of probation adding a restriction on [a] defendant's conduct is an `adverse sentencing consequence'" under Harvey. (Beagle, supra, at p. 421.) In rejecting the Beagle holding as "untenable," the Court of Appeal here stated that, unlike the imposition of a prison sentence, a grant of probation is an act of clemency by the trial court. The Court of Appeal observed, without elaboration, that probation conditions are valid as long as they (1) have a connection to the crime committed, (2) relate to conduct that is criminal, or (3) reasonably relate to future criminality. For reasons explained below, we agree with the Beagle court's view.
In prohibiting "adverse sentencing consequences" related to the facts of a dismissed charge and not agreed to in the plea agreement, this court in Harvey, supra, 25 Cal.3d at page 758, used the quoted phrase simply to describe the specific way in which the plea agreement in that case was breached, not as a limitation on the ways in which plea agreements might be breached in other cases, and not as a modification of the principle that plea agreements are in the nature of contracts and are binding when accepted by the trial court. In arguing that Harvey does not apply here, the Attorney General emphasizes the rehabilitative nature of probation. (See People v. Olguin (2008) 45 Cal.4th 375, 379 [87 Cal.Rptr.3d 199, 198 P.3d 1]; People v. Howard (1997) 16 Cal.4th 1081, 1092 [68 Cal.Rptr.2d 870, 946 P.2d 828].) What matters,
Similarly unpersuasive is the Attorney General's argument that a general statutory grant of authority to a trial court relating to probation, such as section 1203.1, subdivision (j)'s provision authorizing a trial court to impose any reasonable conditions, overrides the terms of a plea agreement. We recently rejected a closely related argument in Segura, supra, 44 Cal.4th 921. There the defendant and the prosecutor negotiated a plea agreement. The prosecution agreed to dismissal of a prior conviction allegation in exchange for the defendant's plea of no contest to the charge of inflicting corporal injury upon his spouse, with probation for five years subject to the condition that he serve 365 days in county jail. (Id. at p. 926.)
When the trial court, before accepting the plea bargain, expressed its intention to impose certain probation conditions related to the dismissed domestic violence charge, defense counsel objected. The trial court stated that it would reject the plea bargain unless defendant agreed to the domestic violence conditions. After defense counsel conferred with defendant, the following colloquy between defense counsel and the court occurred:
George, C. J., Baxter, J., Werdegar, J., Chin, J., Moreno, J., and Corrigan, J., concurred.