P. v. Jenkins
Defendant appeals from the judgment following his negotiated plea of no contest to driving with a 0.08 percent blood alcohol level causing injury (Veh. Code, 23153, subd. (b)), with an admission that he had a prior conviction of a felony qualifying him for sentencing pursuant to the Three Strikes law. (Pen. Code, 667, subds. (b) (i); 1170.12.) The trial court sentenced him to six years in state prison.
Defendant contends that the trial court erred during sentencing because when he failed to appear for sentencing, the trial court modified the terms of the negotiated plea without giving him an opportunity to withdraw his plea.
The contention lacks merit, and court affirm the judgment.
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