P. v. Sargent
While defendant Michael Sargent was serving state prison sentences for drug offenses committed in Yuba County, he was charged in Amador County with both possession of marijuana and a sharp instrument while confined in state prison plus a prior strike conviction and an enhancement for service of a prior prison term. In June 2005, defendant pled guilty to the marijuana possession charge and admitted the prior strike conviction in exchange for a promised aggregate state prison sentence of nine years four months -- four years for the Amador offense, doubled to eight years because of the strike, plus resentencing of 16 months consecutive on the Yuba County sentence he was presently serving. The settlement also provided that the restitution fines (Pen. Code, 1202.4, 1202.45) imposed for both the Amador and Yuba County cases would not exceed a total of $1,800. The appeal is dismissed without prejudice to defendants filing in the trial court a motion for correction of his presentence custody calculations.
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