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Name: People v. Shelton
Case #: C044625
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/26/2004
Subsequent History: Review granted: S124503
Summary

Appellant entered into a plea bargain whereby he pleaded guilty to stalking and to making a criminal threat, in return for a dismissal of other charges and a maximum state prison sentence of three years and eight months. The factual basis for the plea on the stalking count was that appellant stalked, harassed, and threatened his wife between January 7 and February 2, and the factual basis for the plea on the criminal threat count was that appellant threatened his wife on January 15. At the sentencing hearing, appellant argued that a consecutive sentence for criminal threats was barred by section 654. The argument was rejected and appellant was sentenced to three years for stalking and a consecutive eight months for criminal threats. The appellate court here reversed and remanded. Appellant did not waive the 654 argument by agreeing to the sentence, because he expressly reserved the right to argue for a term less than the maximum.