San Francisco's 'Blakely' Waivers Prompt War Over Wording

Across California, prosecutors have started using so-called Blakely waivers in felony plea bargains in response to the U.S. Supreme Court's June decision. Under San Francisco's waivers, a defendant would agree to have a judge determine any aggravating fact under existing state statutes and court rules. But across the board, deputy public defenders are refusing to sign. If the two sides can't agree on a form, it could mean fewer plea bargains, and possibly more trials.

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