Is a defendant entitled to a reduction in sentence for failing to attend a review hearing?
California, United States of America
The following excerpt is from People v. Loveling, C087875 (Cal. App. 2020):
Defendant also contends that, to extent the trial court sentenced defendant to prison for failing to appear at a review hearing, the court failed to advise her of the right to withdraw her plea pursuant to Penal Code section 1192.5 and failed to obtain a waiver of that right under People v. Cruz (1988) 44 Cal.3d 1247 (Cruz). However, the plea form defendant signed did advise her that she could withdraw the plea if the court disapproved the plea agreement. Moreover, a Cruz waiver was not required because the court did not sentence defendant for failing to appear at a review hearing, but for failing to complete the rehab program.
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Finally, defendant contends the court erred in imposing assessments under Penal Code section 1465.8 and Government Code section 70373 and a restitution fine under Penal Code section 1202.4 without conducting a hearing on defendant's ability to pay, citing People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas).
The judgment is affirmed.
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