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Name: People v. McClaurin
Case #: D046052
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/02/2006

The defendants were arraigned for committing a battery on a nonconfined person by a prisoner, with an enhancement for committing the offense while in prison. Before the preliminary hearing, the prosecutor informed the defendant’s attorney that he was willing to offer a plea agreement, and the defendants accepted the offer. Before the pleas were entered, the prosecutor withdrew the offer. The defendants filed a motion to compel specific performance of the plea offer, which the trial court granted. The prosecutor appealed. The appellate court found that the order was appealable by the prosecutor, and reversed the trial court’s order. If a prosecutor withdraws a plea bargain before it is accepted in open court, the defendant does not have the right of specific enforcement unless he detrimentally relied on the bargain. Here, the only evidence showing reliance on the offer was a time waiver for the preliminary hearing and the completion of a plea form, which did not cause any detriment to the defendants.