People v. Roberts CA3

FACTS AND PROCEEDINGS

At the conclusion of his preliminary hearing on September 24, 2013, defendant was held to answer. Defendant waived the statutory time limit for arraignment and agreed to be arraigned on October 11, 2013. He did not ask to be released from custody.

1 On October 11, 2013, defendant entered a negotiated plea of no contest to first degree burglary in exchange for a stipulated sentence of two years in state prison. Defendant did not ask to be released from custody either prior to entering his plea or at the plea hearing. He did not request to be sentenced immediately and waived his right to be sentenced in 20 days. At the sentencing hearing on November 18, 2013, defendant personally sought a “two-day” pass to attend his mother’s rosary and funeral. The court denied defendant’s request for a “pass,” stating that defendant was “a convicted felon who is going to prison.” Defendant thereafter personally apologized for his conduct, stating, “I would like to apologize for what I did to the victims as well and I have accepted my responsibility and my participation in what I did.” The court imposed the stipulated sentence and remanded defendant to the custody of the…