P. v. Askew CA2/2
Following revocation of probation imposed by a negotiated plea agreement, Jonathan Lamar Askew (defendant) was sentenced to eight months in state prison to run consecutively with the agreed upon term of 21 years from the prior case. Defendant then filed an appeal challenging the trial court’s calculation of his presentence custody credits for both of his cases. Given gaps in the record, we remanded the matter to the trial court with directions. While on remand, defendant claimed his 21-year sentence from the prior case was unauthorized and filed a motion for modification of his sentence and requested that he be allowed to withdraw his plea based on that illegality. The trial court granted defendant’s request to modify his sentence, but denied his request to withdraw his plea. Defendant now appeals the modified judgment contending the trial court exceeded its jurisdiction by altering the plea agreement without his consent, and violated his right to withdraw from the unlawful pl
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