P. v. Sierra CA4/1
Alfredo Sierra was caught smuggling drugs into the country. As part of a plea bargain, the parties agreed he would be sentenced to an eight-year "split" sentence, with the "court to determine [the] split." However, the probation department later determined a split sentence was not practicable because Sierra—a Mexican citizen residing in the U.S.—had an immigration hold and would likely be deported following his release from custody. Therefore, instead of sentencing him to an eight-year split sentence, the court sentenced Sierra to five years in local custody. On appeal, Sierra contends the court erred by deviating from the sentence specified in the plea bargain without first giving him the opportunity to withdraw his plea. Alternatively, he contends his trial counsel was ineffective for renegotiating the plea bargain without Sierra's participation or consent.
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