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Name: People v. Vargas
Case #: H017310
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 08/06/2001
Subsequent History: Rehrg. den. 9/4/01 as modified; Rev. den. 11/14/01

In this case involving conspiracy to commit murder and other crimes and actual murder by a member of the Nuestra Familia prison gang, the court rejected the claim that the prosecution waived the claim that defendant had violated his plea agreement. The People did not bring a motion to vacate the pleas agreement until 16 months after it had been entered into, and almost 6 months after defendant’s second statement to the prosecution, which was the supposed trigger for the motion. A condition of the plea was that defendant provide true information to the prosecution. Given the complexity of the case, and that the second statement was the one alleged to be untrue, it was not unreasonable to spend six months investigating before moving to vacate the plea.