People v. Morris

Opinion

RACANELLI, P. J.

On defendant’s appeal challenging the validity of a state prison sentence imposed pursuant to the purported terms of a negotiated plea agreement, we examine the novel question whether a trial court may properly condition a prison sentence based solely upon a defendant’s failure to appear at the time regularly set for imposition of sentence. We conclude that such an extraordinary practice is invalid as a matter of law. We reverse and remand.

The relevant facts follow: Defendant, then 19 years of age, was charged by information with five counts of aggravated assault (Pen.…