P. v. Rodriguez CA1/2
Defendant Gerardo Rodriguez reached a plea agreement with the prosecution and entered a plea of no contest to threatening an officer. One of the terms of the plea agreement provided that Rodriguez would be released on his own recognizance prior to sentencing with the promise he would meet certain conditions, including not committing any new offenses, and that he waived his right to withdraw his plea if those conditions were not met (the so-called “Cruz waiver” ). At sentencing, the trial court found Rodriguez committed a new offense while he was released, and sentenced him to two years, eight months in prison pursuant to the stipulated higher sentence agreed to in the Cruz waiver. Rodriguez contends there was insufficient evidence to support the finding that he violated the terms of the Cruz waiver. We affirm.
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