P. v. Hutt
Defendant David Dale Hutt pled no contest to a single count of felony failure to appear while released from custody on his own recognizance (OR) (Pen. Code, 1320, subd. (b); undesignated section references are to the Penal Code) in exchange for no immediate state prison (NISP) and dismissal of a related charge. The court released defendant on his own recognizance pending sentencing pursuant to a stipulation that the NISP agreement would be forfeited in the event defendant failed to abide by the terms and conditions of that agreement.
Prior to sentencing, defendant was arrested on two separate occasions and charged with crimes in both instances. At sentencing, he admitted that the arrests violated his NISP agreement, and acknowledged that he was no longer subject to the NISP promise in exchange for dismissal of several other matters pending against him and referral of the matter back to probation.
After denial of defendants Marsden[1]motion and motion to withdraw his plea, the court found defendant unsuitable for probation and sentenced him to the low term of 16 months in state prison.
On appeal, defendant contends his purported waiver of the NISP agreement was invalid, requiring remand to either enforce the agreement or allow him to withdraw his plea. He further contends that any purported waiver of the NISP agreement was the result of ineffective assistance of counsel. Court affirm.
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