P. v. Vriethoff
Defendant entered a negotiated plea of no contest to resisting an executive officer with force or violence, a felony, in exchange for a stipulated two-year prison sentence and dismissal of the remaining charges. Among the conditions of defendant’s plea were that he would (1) be released on his own recognizance pending sentencing after entering a Cruz waiver, and (2) agree to “give up [his] right to file any type of an appeal.” Defendant failed to appear for sentencing.
In a second case, Defendant entered a “straight up” guilty plea to failing to appear after being released on his own recognizance, and admitted a prior strike conviction. The trial court denied defendant’s motions to strike his prior strike conviction and/or reduce his conviction to a misdemeanor and sentenced him to an aggregate term of six years in prison, consisting of four years (twice the middle term) for failing to appear, plus two years, with credit for 48 days (32 actual and 16 good conduct).
In the first case, the court sentenced defendant to two years in prison to run concurrent with his sentence in case second case.
Defendant appeals. Defendant failed to obtain a certificate of probable cause. Having undertaken an examination of the entire record, the court found no arguable error that would result in a disposition more favorable to defendant.
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