California, United States of America
The following excerpt is from People v. Franz, C054770 (Cal. App. 1/24/2008), C054770 (Cal. App. 2008):
When the preliminary hearing was set to begin, defendant pleaded no contest to count 1 (second-degree burglary committed on or about March 20, 2005), in exchange for a dismissal of counts 2 through 5, and defendant agreed that the facts of those counts could be used at sentencing. (See People v. Harvey (1979) 25 Cal.3d 754.) Defendant signed a plea form stating that he understood that he was ineligible for probation unless the sentencing judge found this to be an unusual case, and that he could be sentenced to a maximum of three years in state prison. The misdemeanor case was again trailed.
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