Filed 11/29/21 P. v. White CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. A158708 TERRANCE LAMONT WHITE, (San Mateo County Super. Defendant and Appellant. Ct. No. 18-NF-013021-A) Defendant Terrance Lamont White appeals from the trial court’s imposition of a four-year sentence for one count of theft of personal identifying information with a prior conviction under a negotiated disposition of his case. The court imposed this sentence based on its conclusion that White had violated his plea agreement by willfully failing to appear at his February 2019 sentencing hearing as he had promised under a Cruz waiver.1 White argues the trial court erred in finding that he willfully failed to appear because the only support for it, the prosecutor’s representation at the A Cruz waiver, named for People v. Cruz (1988) 44 Cal.3d 1247 1 (Cruz), is an agreement by the defendant that if he or she is released from custody after the trial court accepts a plea, but before sentencing, the defendant promises to not commit other crimes and to appear for the sentencing hearing or potentially face the maximum term sentence for the crimes pleaded to regardless of the plea agreement. (People v. Vargas (2007) 148 Cal.App.4th 644, 646; Cruz, at p. 1254, fn. 5.) 1 sentencing hearing that White was not listed in an online database as being in custody in Alameda County, contrary to the suggestion of White’s counsel, was merely an attorney’s statement and not evidence that the court could legally rely on for its finding.2 We disagree and affirm. BACKGROUND In November 2018, the San Mateo County District Attorney filed an information charging White with one count of theft of personal identifying information with a prior conviction (Pen. Code, § 530.5, subd. (c)(2)3), one count of bringing contraband into jail (§ 4573, subd. (a)) and two counts of giving false information to a police officer (§ 148.9, subd. (a)). Soon thereafter, White agreed to plead no contest to theft of identifying information with a prior conviction in exchange for a maximum sentence of 32 months. After accepting White’s plea, the trial court found him guilty of the count and dismissed the remaining counts. After White waived his rights under Cruz, supra, 44 Cal.3d 1247 (which the court indicated was referred to in San Mateo County as a “Kemp O.R.”) on his plea declaration form, the court granted him release on his own recognizance so he could attend his mother’s funeral. Consistent with a Cruz waiver, the court told White that, should he fail to return for his sentencing hearing, his plea deal would be “off the table” and he …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals