P. v. Phillips CA3
Defendant Michael James Phillips contends the trial court erred when it sentenced him to a prison term that was longer than originally agreed by the parties and the court in a plea agreement. He asks us to remand and order the trial court to sentence him according to the terms of the agreement. The Attorney General agrees the trial court violated the agreement, but, recognizing the plea form’s calculation of the maximum sentence was incorrect and the trial court wanted to sentence defendant to the maximum prison term, he argues we should remand to allow the court to sentence defendant to the time stated in the agreement, or, if the court is unwilling to sentence defendant to the agreed term, allow defendant to withdraw his plea.
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