Jones

FACTS AND PROCEDURAL HISTORY

On December 5, 2023, appellant entered a no contest plea to count 1 corporal injury to a spouse/cohabitant, and to count 2 violating a court order. The trial court accepted a negotiated plea with a proposed sentence of felony probation. The judge advised appellant that if he did not return for sentencing or “committed a new law violation while you’re out pending sentencing, you could be sentenced to up to four years in state prison.” 2 Appellant did not appear for the January 16, 2024 sentencing hearing. The trial court indicated it would issue a warrant. Appellant’s defense counsel told the court appellant was in custody in Fresno. “[T]his is not a willful failure to appear.” The court responded, “So I will issue and hold the warrant.” On May 7, 2024, the court held a hearing on the alleged violation. The prosecutor did not present any witnesses. She claimed appellant violated his Cruz waiver by not attending the sentencing hearing because he pled guilty to an offense pursuant to section 166, subdivision (c)(1) in Fresno County. “[T]he offense

2 This second condition is something in addition to a

traditional “Cruz” waiver.

2 date being January 9,…