Rule 4.412. Reasons-agreement to punishment as an adequate reason and as abandonment of certain claims

(a) Defendant’s agreement as reason It is an adequate reason for a sentence or other disposition that the defendant, personally and by counsel, has expressed agreement that it be imposed and the prosecuting attorney has not expressed an objection to it. The agreement and lack of objection must be recited on the record. This section does not authorize a sentence that is not otherwise authorized by law.

(b) Agreement to sentence abandons section 654 claim By agreeing to a specified term in prison or county jail under section 1170(h) personally and by counsel, a defendant who is sentenced to that term or a shorter one abandons any claim that a component of the sentence violates section 654’s prohibition of double punishment, unless that claim is asserted at the time the agreement is recited on the record.

Committee Notes

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2001.)

(Subd (b) amended effective January 1, 2017; previously amended effective January 1, 2007.)