P. v. Slaughter CA3
Defendant William Charles Slaughter pleaded no contest to burglary of a residence when someone other than an accomplice was present and while a principal was armed with a firearm. He was released on his own recognizance after entering a Cruz waiver as part of the plea agreement. If defendant complied with the terms and conditions of the Cruz waiver he would receive three years. If he did not, he stipulated to the maximum sentence of seven years. The court found defendant violated the Cruz waiver by not timely reporting to the Yuba County Probation Department, one of the Cruz waiver conditions. He was sentenced to seven years in state prison. On appeal, defendant contends the court erroneously relied on improper criteria when ruling on the Cruz waiver violation, and that insufficient evidence supports a finding defendant more likely than not intentionally failed to comply with the probation reporting requirement.
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