People v. Jones

Opinion

SPARKS, J.

The question presented in this appeal is whether a probationer can be sentenced to prison upon revocation for a longer term than agreed upon at the time of his negotiated guilty plea. We conclude that such an increased sentence does not violate the plea bargain. Consequently, we affirm.

Following his negotiated plea of guilty to receiving stolen property (Pen. Code, § 496), defendant was granted probation. Upon revocation of that probation, he was sentenced to state prison for the upper term of three years. Contending that the sentence violated the terms of his plea bargain,…