In this case, the trial court sentenced appellant to a term in excess of that which was negotiated in his original plea agreement after he violated his Cruz waiver. The Court of Appeal remanded, finding that the Cruz waiver was invalid because it was obtained three months after appellant’s plea (and not at the time of his plea). Upon remand, the Court ordered the trial court to either give appellant the opportunity to withdraw his plea (if the court decides to impose a sentence in excess of the plea agreement), or resentence him in accordance with the original plea bargain.
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