Is a plea bargain for concurrent sentences binding on the Judge? Facts: Defendant's MTR was held prior to the Plea Bargain. Defendant plead TRUE on MTR, probation was revoked. Plea held shortly after included a provision for the sentence to run concurrent. If the Judge does not want the concurrent provision, is the whole plea void as involuntary? My position is that, if it was a condition of the plea, then the plea has to be accepted as is or rejected.
Like any part of a plea bargain, nothing is binding on a judge. Remember, however, if the cases are heard together, they MUST run concurrently. If the judge refuses to run a sentence concurrently on a convict serving another sentence, it may be subject to a writ of habeas corpus, if the judge doesn't allow him to withdraw his plea.
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