P. v. Delatorre CA2/4
Defendant Oscar Delatorre pled no contest to second degree robbery and a firearm enhancement. (Pen. Code, § 211, 12022.5, subd. (a). ) The parties agreed Delatorre would be sentenced to a total of 10 years, and also agreed he would be released temporarily, surrender in November 2019, and be sentenced in January 2020. Delatorre failed to surrender as agreed. After he was apprehended more than a year later, the court sentenced him to 15 years.
Delatorre asserts on appeal that the trial court abused its discretion in sentencing him for a term higher than the bargained-for term. He asks that we remand the case and order the trial court to sentence him to 10 years. Notably, Delatorre does not seek to withdraw his plea. Delatorre is not entitled to the remedy he seeks. We therefore affirm.
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