The People v. Freland Brian Jones

San Luis Obispo, California criminal defense lawyer represented the Defendant charged with corporal injury to a spouse/cohabitant, and violating a court order.

A defendant confined in jail in county one, cannot willfully
fail to appear, as ordered, in county two. Such a defendant does
not “fail” to appear. He cannot appear.

Pursuant to a plea agreement and People v. Cruz (1988) 44 Cal.3d 1247 (Cruz), the trial court agreed to impose a sentence of probation provided inter alia that
appellant would appear at a future sentencing hearingnot appear for sentencing it would sentence him to four years in prison.

Appellant did not appear at his sentencing hearing because he was in jail on another case in another county. The trial court found appellant violated his Cruz waiver obligations by willfully failing to attend the sentencing hearing. It imposed a
four-year prison sentence. As indicated, he did not willfully fail to appear. In addition, the prosecutor did not present sufficient evidence to show appellant willfully failed to appear for sentencing.

Reversed