Fear Not Law Articles: P. v. Harden

P. v. Harden

Filed 2/21/07 P. v. Harden CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

ROBERT ALLEN HARDEN,

Defendant and Appellant.

E040003

(Super.Ct.No. FVI019753)

O P I N I O N

APPEAL from the Superior Court of San Bernardino County. Stephen H. Ashworth, Judge. Affirmed.

David K. Rankin, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Steve Oetting, Supervising Deputy Attorney General, and Lise Jacobson, Deputy Attorney General, for Plaintiff and Respondent.

Defendant Robert Allen Harden appeals the trial court's finding he willfully failed to appear for sentencing in violation of his plea agreement. He argues the trial court's finding was an abuse of discretion because the record indicates his failure to appear was not willful and was based on good cause. As a result, he contends the 25-year-to-life sentence imposed should be vacated.

FACTUAL AND PROCEDURAL HISTORY

Pursuant to a written plea agreement filed October 5, 2005, defendant pled guilty to second degree burglary (Pen. Code, § 459)^{^[1]} and petty theft with a prior (§ 666).^{^[2]} He also admitted three prior serious felonies or strikes within the meaning of section 667, as well as five prior prison terms within the meaning of section 667.5, subdivision (b).

The trial court accepted defendant's plea agreement and immediately imposed a sentence of 25 years to life and also imposed but stayed a sentence of 11 years 4 months. The plea agreement provided defendant would be released on his own recognizance so he could visit with his seriously ill child, and if he returned thereafter for sentencing as ordered by the court he would serve a sentence of 11 years 4 months. If, on the other hand, defendant willfully failed to appear for sentencing, he would serve a sentence of 25 years to life. The parties refer to this arrangement as a â€

Description	Defendant appeals the trial court's finding he willfully failed to appear for sentencing in violation of his plea agreement. He argues the trial court's finding was an abuse of discretion because the record indicates his failure to appear was not willful and was based on good cause. As a result, he contends the 25 year to life sentence imposed should be vacated. The judgment is affirmed.
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