## Facts

- Edward Bean faced Texas charges for (1) automobile theft and (2) nighttime residential burglary while the family slept inside.
- The burglary charge was substantially more serious and carried a potential sentencing range of 5 to 99 years.
- Bean had a prior record that included a prior nighttime burglary/theft conviction with a four-year prison term and a sentence for unlawfully carrying a weapon.
- The prosecutor and Bean negotiated a plea agreement: Bean would plead guilty to theft, cooperate, and the burglary count would be dismissed.
- The trial judge expressed concern that dismissing the burglary charge would minimize the seriousness of the conduct, but allowed Bean to enter a conditional guilty plea to theft with the explicit understanding that Bean could withdraw the plea if the court rejected the agreement.
- The court later rejected the plea agreement, permitted Bean to withdraw the guilty plea, and tried him on both counts.
- Bean was convicted of theft and burglary and received concurrent sentences of 5 years (theft) and 10 years (burglary).

## Issues

1. Whether the trial court abused its discretion by rejecting the plea agreement that would have dismissed the burglary charge in exchange for a guilty plea to theft, where the court allowed Bean to withdraw his plea and proceeded to trial.

## Decision

- The Fifth Circuit affirmed the convictions and concurrent sentences.
- The court held the trial judge did not act arbitrarily or capriciously in rejecting the plea agreement.
- The court emphasized that Bean was not prejudiced procedurally because he was allowed to withdraw his guilty plea and received a full trial.
- The court found no basis to disturb sentences within statutory limits absent arbitrary or capricious action amounting to a gross abuse of discretion.

## Legal Principles

- A trial judge has broad discretion to accept or reject a plea agreement; a defendant has no right to compel acceptance of a negotiated disposition.
- Appellate review of plea-rejection and sentencing decisions is highly deferential; reversal requires arbitrary or capricious action amounting to a gross abuse of discretion.
- Sentences within statutory limits are generally not reviewable on appeal absent a showing of gross abuse of discretion or improper motive, such as vindictiveness.

## Conclusion

The Fifth Circuit upheld the trial court’s refusal to accept a plea bargain dismissing a serious burglary count, finding the decision rationally based on the offense’s gravity and Bean’s record and concluding that allowing withdrawal of the plea and providing a full trial defeated any claim of unfairness.


United States v. Bean, 564 F.2d 700 (5th Cir. 1977)