P. v. Eck
Pursuant to a plea agreement, defendant and appellant Robert Brian Eck pled guilty to possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1), count 1)[1]and one count of possession of ammunition ( 12316, subd. (b)(1), count 2). Defendant admitted that he had suffered a prior strike conviction. ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) In exchange, the trial court sentenced defendant to state prison for the upper term of three years on count 1,[2]doubled because of the strike conviction to six years, plus a consecutive term of 16 months on count 2. However, the court gave defendant a stay of execution that was to expire on March 1, 2007. Defendant was released on a Vargas[3]waiver. Under the Vargas waiver, if defendant violated no laws, and returned to court on March 1, 2007, the court would reduce the seven-year four-month sentence to three years on count 2, dismiss the other count, and strike the prior strike allegation. On the other hand, if he violated the law or failed to appear for the sentencing hearing, the seven year four-month sentence would remain. Defendant filed a notice of appeal two months after the sentencing hearing. His request for a certificate of probable cause was denied. Court affirm.
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