In an Open Plea, Is Striking Prison Prior Improper?

A judge may strike a one-year prison prior sentence enhancement (imposed under Penal Code § 667.5(b)) pursuant to SB 136 when the sentence is imposed after an open plea to the judge, but the following summary suggests this is not possible if a one-year sentence enhancement is agreed to by defendant in a plea bargain. To read more about this, please click on the following link –

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