Magistrate Burley rejected the parties' recommendation of a sixty-day sentence and imposed a flat-time sentence of 365 days. After imposing this sentence, the magistrate invited Egoak's attorney to make additional argument, but he declined.
On appeal, the court affirmed:
"Egoak's claim that he had no notice that he faced a possible maximum sentence is without merit. At Egoak's change of plea hearing, the magistrate expressly advised Egoak that she could “go all the way up to the maximum” of one year to serve in sentencing him.FN2 Egoak said he understood. Moreover, it is well-settled in case law that a lengthy history of misdemeanor convictions will justify a worst offender finding and the imposition of a maximum term."
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