Plea Agreements. Part 2: Conditional Plea or Open Plea
“There are two types of guilty or no contest pleas in California: (1) a conditional plea, where the plea is conditioned upon receiving a particular disposition; and (2) an unconditional or open plea.” (People v. Holmes (2004) 32 Cal.4th 432, 435.) A conditional plea occurs “[w]hen a guilty plea is entered in exchange for specified benefits such as the dismissal of other counts, [alternative charge], or an agreed maximum punishment.” (People v. Walker (1991) 54 Cal.3d 1013, 1024, overruled on other grounds in People v. Villalobos (2012) 54 Cal.4th 177, 185-186.)
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