People v. Puente

Opinion

McKINSTER, J.

Pursuant to a plea bargain, defendant pled guilty to one count of burglary. (Pen. Code, § 459.) Defendant admitted suffering a prior strike conviction. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The court sentenced defendant to state prison for a term of six years, but stayed execution of the sentence pursuant to a Vargas waiver, 2 which will be explained, post. Defendant failed to appear for sentencing. On June 8, 2007, the court executed the six-year sentence. Defendant contends (1) the court erred by not granting him the custody credits negotiated as part of his…