P. v. Runner
In a negotiated plea agreement, defendant Joseph Alfred Runner pled no contest to felony driving under the influence of alcohol (Veh. Code, 23152, subd. (a)) and admitted having been convicted three times for the same offense within the past 10 years (Veh. Code, 23152, subd. (b)) in exchange for dismissal of all remaining charges against him, no immediate state prison time, and 270 days in the county jail. The court suspended imposition of sentence, placed defendant on five years of formal probation, and ordered him to serve 270 days in the county jail consecutive to the time he was serving at the time of sentencing. On appeal, defendant contends the trial court violated the terms of his plea agreement when it made the 270-day county jail term consecutive. Court affirm the judgment.
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