P. v. Austin CA4/1
In June 2015 Richard Dale Austin pleaded guilty to assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) arising out of a domestic violence incident. He admitted a strike prior conviction in exchange for dismissal of the remaining charges. Austin's change of plea form indicated that he faced a maximum of eight years in prison, which is double the four-year upper term based on his strike prior conviction. (§ 667, subds. (e)(1).) Before he could be sentenced Austin tested positive for methamphetamine, which the prosecutor described as a Cruz violation.
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