P. v. Bustamante
Appellant pled nolo contendere to first degree burglary and admitted several special allegations, including one making him ineligible for parole. (See Pen. Code, 459, 460, subd. (a), 667, subd. (a), 1170.12, subd. (c)(1), 1203.085, subd. (a); see also former 1192.7, subd. (c)(18) [as amended by Stats. 2002, ch. 606, 3].) His motion to strike a probation ineligibility finding was denied and he was sentenced to nine years in state prison. (See 1203.085, subd. (a).) On appeal, Bustamante contends that by refusing to consider a grant of probation after concluding that it was statutorily prohibited from granting probation, the trial court violated the terms of his plea agreement. He reasons that he is entitled to have an opportunity to withdraw his plea. Court affirm the judgment.
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