P. v. Raub
On June 28, 2004, defendant Steven Raub stole a wallet belonging to a family member of his girlfriend, and used an ATM card that was in the wallet to make purchases totaling $544.38. In exchange for a sentence of two years and eight months in state prison, defendant pled no contest to theft of an access card and admitted having a prior serious felony conviction (strike).
On appeal, defendant contends the matter must be remanded to afford him the opportunity to withdraw his plea because (1) the trial court unilaterally imposed the terms of his release after it accepted the plea agreement, which means the release provisions did not amount to a valid Cruz waiver, and (2) any Cruz waiver was unenforceable because defendant did not knowingly waive his rights under section Penal Code 1192.5. (Further section references are to the Penal Code.) Court affirm the judgment.
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