P. v. Traver
Pursuant to a plea agreement, defendant Richard Donald Traver II pleaded no contest to one count of second degree commercial burglary. In exchange, the agreement provided, among other things, that the remaining counts would be dismissed with a Harvey[1] waiver; that defendant would receive felony probation with up to one year in jail as a condition of probation, but if he violated probation the trial court could sentence him up to a maximum of three years in jail; and that at sentencing the trial court could withdraw approval of the plea agreement, but if it did so, defendant would be permitted to withdraw his plea.
At sentencing, the trial court found defendant ineligible for probation, sentenced him to three years in county jail, and denied defendant’s request to withdraw his plea.
Defendant now contends the trial court violated the terms of his plea agreement. The People agree, and so do we. We will remand this matter to the trial court for further proceedings.
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