P. v. Askew
Pursuant to a plea agreement, defendant Nathaniel Askew pleaded no contest to possession of cocaine for sale (Health & Saf. Code, 11351), and resisting an executive officer (Pen. Code, 69). The plea agreement provided that defendant would receive a two-year eight-month state prison sentence, but that if he failed to appear for sentencing, the plea would be open. Defendant failed to appear for sentencing, was eventually apprehended, and was sentenced to serve three years eight months in prison, representing the midterm of three years on the drug offense, and eight months (one-third the midterm) on the resisting an officer count.
Defendants principal argument on appeal is that he was deprived of constitutional rights to a jury determination that any failure to appear was willful. He maintains in this regard that his plea agreement did not contain any Cruz [People v. Cruz (1988) 44 Cal.3d 1247] waiver. Defendant also argues that: imposition of a greater sentence for [his] alleged failure to appear was Cunningham [Cunningham v. California (2007) 549 U.S. 270] error; he was deprived of constitutional rights to notice and a hearing in connection with his violation of the plea agreement; and the court failed to comply with Penal Code section 1192.5. Court find no error and affirm the judgment.
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