P. v. Sams CA2/6
Richard Joseph Sams appeals a May 23, 2018 order denying his petition to be resentenced. (Pen. Code, § 1170, subd. (d).) In October 2016, appellant pled no contest in four cases (case nos. 16F-00589, 16F-00752, 16F-02923, 16F-04461) to multiple counts of forgery (§ 470, subd. (d)) and identity theft (§ 530.5, subd. (a)), and admitted an out-on-bail enhancement (§ 12022.1) and two prison prior enhancements (§ 667.5, subd. (b)). Pursuant to the negotiated plea, appellant was to receive an eight-year-four-month county jail/prison sentence, consisting of five years four months custody time and three years mandatory supervision.
Appellant was released on a Cruz waiver (People v. Cruz (1988) 44 Cal.3d 1247) to attend his father’s funeral. Appellant failed to appear for sentencing and drove a U-Haul to Nevada where he was arrested, convicted, and served time on a new offense.
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