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Plea Agreements. Part 5: What are the terms of the plea agreement? Contact principals.

“Although the analogy may not hold in all respects, plea bargains are essentially contracts.” (Puckett v. United States (2009) 556 U.S. 129, 137.) “A negotiated plea agreement is a form of contract, and it is interpreted according to general contract principles.” (People v. Shelton (2006) 37 Cal.4th 759, 767.) “The fundamental goal of contractual interpretation is to give effect to the mutual intentions of the parties. (Civ. Code, § 1636.) If contractual language is clear and explicit, it governs. (Civ. Code, § 1638.) On the other hand, ‘[i]f the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisee understood it.’ ” (Ibid., quoting People v. Alvarez (1982) 127 Cal.App.3d 629, 633.)

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2 апреля 2024 г. 23:16:27
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