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P. v. Jones
In December 2004, Defendant entered an open no contest plea to one count of making criminal threats (Pen. Code, S 422), acknowledging as part of a plea agreement that the maximum "time in custody in [his] case [was] three years" (upper term), but that based on his open plea sentencing would be deferred for eight months, imposition of sentence would be suspended, probation would be granted with credit for the eight months served, and that if he violated any term of probation he "could be sent to state prison for up to the full three years." Jones waived his right to a jury trial, and probation was later granted in conformance with the agreement. Defendant violated the terms of probation and it was revoked in April 2006, at which time the trial court imposed the contemplated three-year state prison sentence.
The judgment is affirmed.

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