People v. Sansalone CA3

I. BACKGROUND

Defendant was a passenger in a car that was found by law enforcement to contain 155.6 grams of heroin and 66.8 grams of methamphetamine. On December 2, 2020, defendant pled no contest to sale or transportation of heroin (Health & Saf. Code, § 11352, subd. (a)), sale or transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), and admitted a prior strike. The plea included a sentence of eight years, comprised of the middle term of four years for the heroin charge, doubled for the prior strike, and presentence release on own recognizance under a Cruz1 waiver. He also agreed he would serve 12 years if he did not appear for sentencing. This was a package deal plea along with his codefendant, the driver of the car. Defendant did not appear for sentencing on the prior case so additional charges were filed in a new case related to his failure to appear. On February 17, 2021, the trial court granted defendant’s Marsden2 motion and appointed him new counsel. On July 12, 2021, the trial court denied defendant’s motion to withdraw his plea in the prior case. On August 12, 2021, defendant agreed to withdraw his challenge to the violation of his Cruz waiver in…