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Bargain-Dismissed Charges and Probation Conditions

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Tomorrow in People v. Martin, S175356, the California Supreme Court will answer this question:

Can factors underlying a charged criminal offense that is dismissed as part of a plea bargain be considered in setting conditions of probation if the plea agreement did not include a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754) permitting the dismissed count to be considered in determining the sentence to be imposed?
Announcement is here.

Update:  And the answer is:

[W]hen under a plea agreement a defendant pleads guilty to one or more charges in exchange for dismissal of one or more charges, the trial court cannot, in placing the defendant on probation, impose conditions that are based solely on the dismissed charge or charges unless the defendant agreed to them or unless there is a "transactional" relationship between the charge or charges to which the defendant pled and the facts of the dismissed charge or charges.

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