Indicated sentence

An indicated sentence is when a judge indicates before a plea what sentence will be given if the defendant pleads to all counts, aka "pleads to the sheet". Indicated sentences are distinguished from judicial plea bargaining, which is illegal.

Notable cases

People v. Clancey (2013) 56 Cal.4th 562

Holding

Facts

The defendant pleaded to the sheet. The judge had given an indicated sentence of five years, including striking a strike.

Rationale

Charging is the responsibility of the executive branch, but sentencing is the realm of the judiciary. The consent of the prosecutor is not required in any sentencing decision. The Supreme Court summed up four rules about indicated sentencing. 1) The judge should refrain from giving an indicated sentencing until the prosecution and the defense have concluded plea negotiations. 2) The judge should have enough information to make a reasoned and informed decision about sentencing. 3)The indicated sentence must be the same as what the defendant would receive if convicted at trial. In other words, the judge has not given an incentive to plead guilty and give up the right to trial. 4) The judge should bargain with the defense over the sentence.

People v. Labora (2010) 190 Cal.App.4th 907

Holding

When an indicated sentence changed from six years eight months to six years only because of a defense suggestion and not because of any new facts, it constituted defense bargaining with the judge and thus an illegal judicial plea bargain.

Facts

Rationale

People v. Orin (1975) 13 Cal.3d 937

Holding

Facts

Rationale

People v. Superior Court (Smith) (1978) 82 Cal.App.3d 909

Holding

Facts

Rationale

People v. Beasley (1970) 5 Cal.App.3d 617

Holding

Facts

Rationale

People v. Superior Court (Felmann) (1976) 59 Cal.App.3d 270

Holding

Facts

Rationale