P. v. McKnight
On August 12, 2012, defendant Otto Ray Victor McKnight was caught driving a stolen Jeep. The Jeep owner knew defendant but had not given him permission to drive it. On September 28, 2012, while released on bail, defendant hit his live-in girlfriend, resulting in a cut above her eye and scratches on her face. On May 12, 2006, defendant had been convicted of first degree burglary.
Defendant pled no contest to cohabitant abuse and admitted a strike in one case (case No. CRF12563). Defendant pled no contest to unlawfully taking or driving a vehicle in the other case (case No. CRF12465). The parties agreed that the strike prior would be stricken at sentencing provided defendant complied with the terms of a waiver pursuant to People v. Cruz (1988) 44 Cal.3d 1247 while he was released on his own recognizance pending sentencing.
Defendant failed to meet with the probation officer at a scheduled interview, a violation of a condition of the Cruz waiver.
After denying defendant’s motion to strike the strike prior, the court found defendant was in violation of the Cruz waiver, denied probation, and sentenced him to state prison for an aggregate term of eight years eight months, that is, the upper term of four years, doubled for the strike prior, for the cohabitant abuse offense, plus one-third the midterm or eight months for the vehicle offense.
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