Masloski

The issue in this case is whether a plea agreement may provide for an increased sentence in the event the defendant fails to appear for sentencing. We conclude that a plea agreement properly may contain such a provision.

Facts

Defendant Linda Jean Masloski was charged by information with possession of cocaine in violation of Health and Safety Code section 11350, subdivision (a). The information further alleged that defendant had suffered three prior convictions for burglary (Pen. Code, § 459), a “serious felony” within the meaning of the “Three Strikes” law. (§§ 667, subds. (b)-(i), 1170.12.)

Following a hearing conducted pursuant to People v. Romero (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ], the court struck two of defendant’s three alleged prior convictions. At a subsequent hearing, the court noted that a plea agreement had been negotiated:

The court then advised defendant of her constitutional rights, obtained her waiver of those rights, and accepted her plea of no contest. The case was continued for sentencing until July 8, 1999.

Defendant appeared on July 8, but requested and was granted a continuance to July 19, 1999. Defendant failed to…