Rabanales

Defendant and appellant Mario Cristobal Rabanales appeals his seven-year sentence that was imposed based on his plea of guilty to attempted murder (Pen. Code, §§ 664, 187, subd. (a)) pursuant to a plea agreement. He contends the trial court did not follow the plea agreement when it imposed the seven-year sentence. He also argues that the trial court deprived him of his constitutional right to due process and his right to a jury trial when it found him in violation of his plea agreement and sent him to prison because of a domestic violence allegation that was never tried to a jury or proven beyond a reasonable doubt. To support this argument, defendant cites the Supreme Court’s decisions in Apprendi v. New Jersey (2000) 530 U.S. 466 [ 147 L.Ed.2d 435 , 120 S.Ct. 2348 ] (Apprendi), Blakely v. Washington (2004) 542 U.S. 296 [ 159 L.Ed.2d 403 , 124 S.Ct. 2531 ] (Blakely), and Cunningham v. California (2007) 549 U.S. 270 [ 166 L.Ed.2d 856 , 127 S.Ct. 856 ] (Cunningham). As a result, he seeks specific performance of the plea agreement. On sufficiency of the evidence grounds, defendant also challenges the trial court’s finding that he violated a condition of his own recognizance…