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Name: People v. Turner
Case #: S009038
Court: CA Supreme Court
District CalSup
Opinion Date: 11/01/2004

A defendant’s sentence of life without possibility of parole was properly vacated where the court and the defendant engaged in illegal plea bargaining over the objection of the prosecutor. Following the defendant’s initial successful appeal of his death sentence, the trial court offered him a plea agreement to life without possibility of parole, in exchange for the defendant’s admission that he intended to kill the victims. The People objected to the plea agreement and petitioned the court of appeal for a writ of mandate. The appellate court vacated the plea bargain and the Supreme Court denied review; the defendant was subsequently sentenced to death after a retrial. On appeal of that sentence, the Supreme Court held that the court of appeal had properly vacated the plea agreement, since the trial court exceeded its jurisdiction in entering into a plea agreement over the prosecution’s objection.