California Court of Appeal

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People v. Rabanales, E043083

Seven-year sentence for attempted murder pursuant to a plea agreement is affirmed over claims of error that: 1) the trial court did not follow the plea agreement when it imposed the sentence; 2) the trial court deprived defendant of his constitutional right to due process and his right to a jury trial when it found him in violation of his plea agreement and sent him to prison because of a domestic violence allegation that was never tried to a jury or proven beyond a reasonable doubt; and 3) trial court erred in finding that defendant violated a condition of his own recognizance release while awaiting final sentencing.

Appellate Information

  • Decided 11/19/2008
  • Published 11/19/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Kathleen Woods Novoa, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela Ratner Sobeck and James H. Flaherty, III, Deputy Attorneys General, for Plaintiff and Respondent.
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