People v. Kenney CA5
F087489
Cal. Ct. App.Apr 14, 2025Background
- Justin Kenney entered a negotiated plea, admitting to injuring a spouse/cohabitant and a prior strike conviction, with an agreed low-term sentence of two years (doubled for the strike).
- Kenney requested and was granted a temporary release (a "Cruz waiver" arrangement) before sentencing, agreeing to return either in one week or for his sentencing 30 days later, with a risk of a harsher sentence if he failed to appear.
- Kenney appeared at the courthouse a week later, but was told by a bailiff he was not on the calendar, left, and did not contact his attorney or probation; he missed his March 14, 2023 sentencing.
- A bench warrant was issued; Kenney was subsequently arrested and, months later, sentenced to the maximum 10-year term as agreed in the plea if he failed to appear.
- On appeal, Kenney contended he did not willfully breach the agreement, and that he should have been allowed to withdraw his plea or receive the originally bargained sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Kenney willfully breach the Cruz waiver terms? | Kenney failed to appear as ordered | Kenney tried to comply by coming back in 1 week | Kenney’s actions amounted to a willful breach |
| Was the 10-year aggravated sentence proper? | Part of the negotiated plea, valid Cruz waiver | Cruz waiver only required return in 1 week | 10-year term was enforceable per agreement |
| Should Kenney have been allowed to withdraw plea? | Not required if aggravated term was in plea | He was not properly advised of this right | No right to withdraw as term was part of the plea |
| Did ineffective assistance occur re: plea rights? | No, as 1192.5 protections didn’t apply | Counsel failed to invoke plea withdrawal | No ineffectiveness, as legal rights not implicated |
Key Cases Cited
- People v. Masloski, 25 Cal.4th 1212 (Cal. 2001) (distinguishing when courts may impose harsher sentences after plea breaches)
- People v. Cruz, 44 Cal.3d 1247 (Cal. 1988) (defining Cruz waivers and their enforceability)
- People v. Mancheno, 32 Cal.3d 855 (Cal. 1982) (remedies for breached plea agreements)
- People v. Casillas, 60 Cal.App.4th 445 (Cal. Ct. App. 1997) (upholding agreed-upon aggravated term upon breach of plea)
- People v. Toscano, 124 Cal.App.4th 340 (Cal. Ct. App. 2004) (plea bargains interpreted under contract law principles)