P. v. Abel CA4/1
Richard Ellsworth Abel pleaded guilty to possession of methamphetamine for sale (Health and Saf. Code, § 11378). He also admitted two prior convictions within the meaning of section 11370.2. The parties stipulated to an eight-year split sentence. The change of plea form included a so-called Cruz waiver, which informed Abel that if he did not show up for sentencing his plea would stand but the agreed sentence could be changed.
Abel did not contact the probation officer or appear for sentencing. Abel was sentenced several months later. By the time of sentencing, legislation had rendered the enhancements for the prior convictions invalid. Abel was sentenced to three years in local custody. The court also imposed a consecutive 364-day sentence following the revocation of probation for a separate offense. Prior to his guilty plea, Abel made a request for a Marsden hearing, seeking to replace appointed counsel. Following a hearing, the trial court denied the request.
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