Cruz/Vargas Waiver

A Cruz/Vargas Waiver refers to the part of a plea agreement where the defendant agrees to have a greater sentence imposed if the defendant fails to appear for sentencing. The defendant must also agree to waive his right to withdraw the plea under California Penal Code section 1192.7. The Cruz/Vargas Waiver is named after the two California appellate court decisions that created it: People v. Cruz (1988) 44 Cal.3d 1247 and People v. Vargas (1990) 223 Cal.App.3d 1107.