P. v. Taylor CA3
Defendant Matthew John Taylor entered into a plea agreement in which he pleaded no contest to possession of marijuana for sale in a 2015 case and admitted violating probation in a 2011 case in exchange for three years in prison. Despite the plea agreement, the trial court sentenced defendant to three years eight months in prison and did not advise him that he could withdraw his plea.
Defendant now contends (1) the three-year eight-month term exceeded the agreed-upon sentence, and (2) the trial court erred in allocating custody credit between the 2011 and 2015 cases.
We will modify the judgment to strike the eight-month term and reallocate the custody credit. We will affirm the judgment as modified.
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