P. v. James
John Steven James entered a negotiated guilty plea pursuant to People v. West (1970) 3 Cal.3d 595 to petty theft with a prior theft conviction (Pen. Code, §§ 484, 666).[1] The plea agreement included a stipulated two-year middle prison term and a Cruz waiver (People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5). The Cruz waiver stated: "I understand that if pending sentencing I am arrested for or commit another crime, violate any condition of my release, or willfully fail to appear for my . . . sentencing hearing, the sentence portion of this agreement will be cancelled. I will be sentenced unconditionally, and I will not be allowed to withdraw my guilty . . . plea[]." After James failed to appear for sentencing, the court found that he had violated the Cruz waiver and sentenced him to the three-year upper prison term. James appeals, contending the court erred by finding a Cruz waiver violation. Court affirm.
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