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Prosecution’s Ability to Rescind Plea Agreement at SB 483 Resentencing When Defendant’s Sentence is Reduced Beyond Eliminating Prison Priors

Case Name: People v. Montgomery (2024) 100 Cal.App.5th 768, review granted 5/29/2024
Case #: S284662/A167813
Last Updated: May 29, 2024

Is the prosecution entitled to rescind a plea agreement when a defendant receives a full resentencing pursuant to Senate Bill No. 483 (Stats. 2021, ch. 728) and the trial court intends to reduce the sentence beyond eliminating the prior prison term enhancements (Pen. Code, § 667.5, subd. (b))?

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