Carr

FACTUAL AND PROCEDURAL BACKGROUND

Pursuant to a written plea agreement executed and filed January 4, 2005, defendant pled guilty to carjacking in violation of Penal Code section 215 and was sentenced to nine years in state prison. The plea agreement provided defendant would be released on his own recognizance and resentenced to a reduced term of 365 days to be served on weekends if (1) certain conditions were met; and (2) he appeared in court for the resentencing on February 22, 2005 (Vargas waiver). One of the conditions in the plea agreement was that defendant “[n]ot violate any law” while released on his own recognizance.

Prior to the date defendant was to reappear for the pronouncement of judgment, he was arrested by police when his girlfriend accused him of grabbing her by the neck and threatening to kill her. As a result of the arrest, defendant was brought before the court on February 8, 2005, for being in violation of the plea agreement, and the February 22, 2005, sentencing hearing was continued. Defendant later requested a full hearing on the alleged violation of his plea agreement. On May 2, 2005, following an evidentiary hearing, the court found defendant…