People v. Fielding CA3

Filed 7/15/22 P. v. Fielding CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yuba) ----

THE PEOPLE, C094725

Plaintiff and Respondent, (Super. Ct. Nos. CRF20761,

CRF201377)

v.

ANGEL MIGUEL FIELDING,

Defendant and Appellant.

Defendant Angel Miguel Fielding pleaded no contest to first degree burglary and taking a vehicle without consent. The plea agreement included a Cruz waiver.1 After defendant violated the Cruz waiver, the trial court sentenced him to the middle term for the principal offense, first degree burglary.

1 See People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5.

1 Defendant contends that we must remand for resentencing because the trial court’s imposition of the middle term did not satisfy the new…