P. v. Clayton CA3
The prosecutor filed an information charging defendant with felony criminal threats (count 1) and misdemeanor corporal injury on a spouse or child’s parent (count 2) and with enhancement allegations of a prior strike conviction and a prior serious felony conviction. As part of the plea agreement, the information was amended to add a count 3, felony willful infliction of corporal injury on a spouse or child’s parent causing a traumatic condition and defendant would plead no contest to count 1 and count 3. The plea agreement called for the court to release defendant for six weeks with a waiver of his sentencing rights under People v. Cruz (1988) 44 Cal.3d 1247, 1254, and the requirement he report to the probation department. If he complied with the terms of his release, defendant would be able to withdraw his plea to the criminal threats charge and would be sentenced to no more than the middle term on the remaining count.
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