P. v. Sallee
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Defendant pled no contest to first-degree residential burglary and admitted a prior felony “strike” conviction within the meaning of the “Three Strikes” law. He also entered a waiver pursuant to People v. Cruz (1988) 44 Cal.3d 1247 (Cruz). Defendant failed to appear for sentencing. After Defendant was taken into custody, the trial court sentenced Defendant to 12 years in prison. On remand, the trial court concluded that Defendant’s failure to appear had been willful and reimposed the 12-year sentence. Defendant appealed, contending the sentence must be vacated because the record does not support a finding that his failure to appear was willful.
The Fifth Appellate District affirmed, holding that section 1170, subdivision (b), does not apply when Defendant enters a plea agreement with a stipulated term of imprisonment. The court explained that Defendant’s explanation for missing the hearing was that he overslept. However, the trial court could reasonably have concluded that if Defendant had merely overslept due to a family emergency, he would have come to court to explain the error as soon as he realized it. Instead, Defendant appears to have made no attempt to appear before the court on the date of his sentencing or the following morning before he was arrested. The trial court was in the best position to determine the credibility of the claim that Defendant failed to appear because he overslept. Thus, based on the record, the trial court could reasonably have concluded by a preponderance of the evidence that Defendant’s failure to appear was willful.
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