P. v. Kiner CA5
Defendant Thomas Kiner pled no contest to assault while confined in state prison and admitted a prior felony “strike” conviction within the meaning of the “Three Strikes” law. Defendant also entered a waiver pursuant to People v. Cruz (1988) 44 Cal.3d 1247 (Cruz), whereby he was permitted to remain free of custody until his sentencing and the trial court indicated that, if defendant obeyed all laws and appeared for sentencing, it would impose a stipulated term of five years rather than the then maximum exposure of 13 years. Defendant failed to appear for sentencing. Roughly two years eight months after the date set for sentencing, defendant appeared. The trial court imposed the upper term of 12 years in prison.
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