Casillas
People v. Casillas
Opinion
Opinion
Dibiaso, J.
When a defendant pleads guilty pursuant to a favorable sentence bargain subject to an express condition subsequent, is he or she entitled to withdraw the plea when the condition subsequent (his nonappearance at sentencing) occurs? For reasons we will explain, the answer is no.
Facts
Luis Manuel Casillas pled no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). Germane to this appeal is the following excerpt from the plea proceedings:
“The Court: Louis Manuel Castillas [sic] 68803. Defendant is present with Miss Bukowski and the interpreter. People represented by Mr. Wolf. This is time and place set for preliminary hearing.
“What is the proposed disposition?
“Ms. Bukowski: Mr. Castillas [sz'c] will plead to an [sic] 11377 for ninety days felony probation.
“The Court: Strike the enhancement?
“Ms. Bukowski: Yes.
“The Court: Mr. Castillas [sic], my understanding—
“Ms. Bukowski: Your Honor, I’m sorry, he will also be released OR; and condition of that OR will be that he appear at sentencing on the date stated.
“The Court: All right. If he does not, then ninety day maximum sentence will be three years in prison, is that correct?
“Ms.…