P. v. Zarate CA1/3
Defendant Mario Montoya Zarate was sentenced to serve seven years four months in state prison after he pleaded no contest to being a felon in possession of a firearm. The aggregate sentence consisted of a six-year term that had been previously imposed but suspended in a case in which defendant had been placed on probation, plus a consecutive term of 16 months associated with the felon-in-possession conviction.
On appeal, defendant contends the court violated his plea agreement, which he claims specified that his maximum punishment would be six years. The Attorney General argues that the six-year maximum sentence applied only to the more recent case involving the felon-in-possession conviction and that the agreement contemplated defendant receiving a separate and additional sentence for violating his probation in the earlier case. We agree with the Attorney General and shall affirm.
Comments on P. v. Zarate CA1/3