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Keywords

defendanttrialpleaplea bargain

defendantappealplea

Related Cases

People v. Harvey, 25 Cal.3d 754, 602 P.2d 396, 159 Cal.Rptr. 696

Facts

Michael Alan Harvey pleaded guilty to two counts of robbery, with a third unrelated robbery count dismissed as part of a plea bargain. He was sentenced to a total of seven years and eight months, which included a four-year upper term for the first robbery, a two-year enhancement for using a firearm, a one-year consecutive term for the second robbery, and an eight-month enhancement for firearm use in the second robbery. Harvey contended that the sentencing court improperly relied on facts from the dismissed count when determining his sentence.

Defendant Michael Alan Harvey appeals from a judgment entered following his plea of guilty to two counts of robbery (Pen.Code, s 211) with use of a firearm. The plea was part of a bargain under which a third count, charging an unrelated robbery, was dismissed. He was sentenced to state prison for an aggregate term of seven years and eight months.

Issue

Did the trial court err by considering facts from a dismissed robbery count when determining the sentence for the counts to which the defendant pleaded guilty?

Defendant is critical of the duration of his sentence, contending that the sentencing court improperly considered and relied upon the facts underlying the third, Dismissed robbery count in selecting the four-year upper term as an appropriate punishment for count one (element one).

Rule

The sentencing court may only consider facts relating to the crimes for which the defendant is being sentenced, and not facts from unrelated or dismissed charges.

Rule 421, California Rules of Court Rule 421, California Rules of Court, describes the “Circumstances in Aggravation” which a sentencing judge may consider in imposing punishment.

Analysis

The court found that the sentencing court had improperly relied on facts from the dismissed robbery count when selecting the upper term for the first robbery. The court emphasized that the plea bargain implied that the defendant would not face adverse sentencing consequences based on the facts of the dismissed count. However, the court upheld the consecutive sentence for the second robbery, as the sentencing court had appropriately considered only the facts related to the two robberies for which the defendant was convicted.

In our view, under the circumstances of this case, it would be improper and unfair to permit the sentencing court to consider any of the facts underlying the dismissed count three for purposes of aggravating or enhancing defendant's sentence.

Conclusion

The court affirmed the conviction but remanded the case for resentencing, stating that the trial court erred in considering the facts from the dismissed robbery count for sentencing purposes.

We conclude that the cause should be remanded for resentencing on count one.

Who won?

The People prevailed in the case as the conviction was affirmed, but the court recognized that the defendant was entitled to resentencing due to errors in the original sentencing.

Conviction affirmed; remanded for resentencing.

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