People v. Pablo

Defendant was, after bench trial, convicted of resisting a peace officer. Prior to trial, parties reached a written stipulation, signed by both counsel and read into the record and referenced in written order, as to what testimony would be given by a civilian witness, whom State intended to call but who would be unavailable for trial the next day. Court erred when it allowed State, which did not allege that facts contained therein were untrue or incorrect, to unilaterally withdraw stipulation that parties had agreed to the day before trial. Request to withdraw stipulation was not seasonably made, as it was just moments before opening statements and defense had no time to react to change in case. (O’BRIEN, concurring; WRIGHT, dissenting.)