P. v. Massi
Defendant entered a negotiated plea of guilty to possessing methamphetamine for sale (case No. 04CR5855) and failing to appear (case No. 04CR6293), and admitted having a prior serious felony conviction within the meaning of the three strikes law. He was sentenced to an aggregate term of five years and four months in state prison. Having obtained a certificate of probable cause, defendant appeals. He contends the sentence violated the plea agreement, the court failed to exercise its discretion at sentencing, he received ineffective assistance of counsel at sentencing, and there is an error in the abstract of judgment. Court vacate the sentence, remand for resentencing, and otherwise affirm the judgment.
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