P. v. Simpson CA4/1
As part of a plea bargain, Tevine Taj Simpson pleaded no contest to one felony count of using personal identifying information without authorization (Pen. Code, § 530.5, subd. (a)), in exchange for receiving the lower-term sentence of 16 months. The plea agreement included a “Cruz waiver” by which Simpson agreed that if he failed to appear for sentencing, the court could impose a more severe sentence than the agreed-upon one. After Simpson repeatedly failed to appear in court as ordered, the trial court imposed the three-year upper-term sentence without stating its reasons for doing so.
Simpson raises two challenges on appeal. First, he contends the trial court abused its discretion by imposing the upper-term sentence. To the extent Simpson bases this claim on the trial court’s failure to state the reasons for its sentencing decision, Simpson has forfeited the challenge by failing to raise the ground at sentencing.
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