P. v. Holiday
Defendant Louis Cornell Holiday entered into a plea arrangement with the trial court despite an objection by the People. Pursuant to the arrangement, defendant pleaded no contest to second degree robbery, attempted first degree robbery, first degree burglary, criminal threats, and receipt of stolen property. He also admitted certain enhancement allegations. Consistent with the plea arrangement, the trial court imposed a sentence of 19 years eight months in state prison, but stayed execution of the sentence and released defendant on his own recognizance with the understanding that if defendant personally appeared at the next scheduled hearing, defendant would be permitted to withdraw his plea and enter a new plea to lesser charges. In that event, the trial court would reduce his sentence to a term of eight years eight months in prison. But if defendant failed to appear at the next scheduled hearing, the trial court would execute the imposed sentence of 19 years eight months in prison.
Defendant did not personally appear at the next scheduled hearing, and the trial court executed the previously imposed sentence of 19 years eight months in prison. Defendant obtained a certificate of probable cause.
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