Woods

People v. Woods

Good Law
12 Cal. App. 5th 623·2017 Cal. App. LEXIS 521·219 Cal. Rptr. 3d 101
Court of Appeal of CaliforniaMay 16, 2017D070477California2,777 words

Opinion

Lead Opinion

Haller, J.

*625 Defendant Marsha Mary Woods was on probation for two prior offenses when she was arrested and charged with five theft- and drug-related offenses. Under a plea agreement, she agreed to plead guilty to one count of attempted burglary and admit one strike prior, and to serve concurrent sentences of 16 months on the current offense and seven years on each of the probation cases. In exchange, the prosecution agreed to dismiss the remaining charges and allegations. The trial court accepted the plea. At sentencing, however, after expressing frustration at the parties' disagreement over the proper calculation of custody credits, the trial court sentenced defendant to 16 months for the current offense and terminated probation on her earlier cases, reasoning the stipulated seven-year sentences on the probation cases were "just about eaten up by credits."

The People appeal, contending the sentence imposed by the trial court is not within the bounds of the parties' plea agreement. Defendant maintains the People forfeited this challenge by failing to assert it below. Alternatively, she argues she has earned enough custody credits to satisfy the seven-year sentences and, thus, either the…

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