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California Courts of Appeal

Jun. 26, 2015

DA can't rescind misdemeanor plea deal for error in failing to spot molestation claims

An arraignment calendar deputy didn't make a "mistake of fact" by missing police report's mention of potential felonies when she agreed to probation for sex offender, a state appellate court held.


By Don J. DeBenedictis


Daily Journal Staff Writer


Prosecutors cannot charge a man with felony child molestation because a deputy district
attorney didn't spot the allegations in a police report when she agreed to a plea
bargain giving him probation on sex-related misdemeanors, a state appellate court
panel ruled Wednesday.


"As much as it pains us to re...

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