P. v. Canchola CA6
Defendant Armando Canchola pleaded no contest to two counts of voluntary manslaughter (Pen. Code, § 192, subd. (a)) pursuant to a negotiated plea that he would receive a maximum of 35 years in prison. The plea agreement also provided that if defendant committed another crime between the time of his plea and the time of sentencing, his maximum sentence would increase to 42 years.
Defendant committed a crime while awaiting sentence and received 42 years in prison. On appeal, defendant argues that the court erred in increasing his sentence, because he was denied due process and the right to a jury trial on whether he committed a new crime. He argues that he never agreed to a court determination that he committed a new crime for the purpose of increasing his maximum sentence.
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