People v. Kenney CA5

INTRODUCTION

In 2023, appellant Justin Kenney entered a change of plea based on a negotiated plea agreement. He pleaded no contest to a count of injuring a spouse or cohabitant (Pen. Code, § 273.5, subd. (f)(1)).1 He admitted a prior strike conviction. The parties agreed that appellant would serve the low term of two years in prison, doubled because of the prior strike. The court ordered the parties to appear at sentencing in 30 days on March 14, 2023. Appellant personally asked the court for a temporary release from custody pending sentencing. The prosecutor did not object to appellant’s request. To facilitate a temporary release, the prosecutor obtained appellant’s admission to a factor in aggravation that exposed appellant to a maximum prison sentence of 10 years. Appellant’s defense counsel warned appellant that he would receive a sentence of 10 years if he did not appear at sentencing on the 14th of March. Appellant indicated that he understood that date. The court repeatedly cautioned appellant that he should not take an early release and risk an aggravated sentence. The court repeatedly warned appellant that he would receive a prison sentence of 10 years if he failed to…