P. v. Jamison
Filed 2/13/07 P. v. Jamison CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE, Plaintiff and Respondent, v. JAMES BRIAN JAMISON, Defendant and Appellant. | A114405 (Sonoma County Super. Ct. No. SCR-474604) |
Pursuant to a plea agreement, defendant James Brian Jamison entered an open plea of guilty to first degree burglary (Pen. Code, § 459), and misdemeanor resisting arrest (Pen. Code, § 148, subd. (a)(1)); the court dismissed a charge of receiving stolen property (Pen. Code, § 496, subd. (a)), and a charge pending in another case of possession of a controlled substance for sale (Health & Saf. Code, § 11378) with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754). Defendant was sentenced on the burglary count to the upper term of six years in prison.[1] He contends that the judgment must be reversed because the court failed to state reasons for imposing the aggravated term. We agree and remand for resentencing.
I.
Since defendant waived his right to a preliminary hearing, the facts of the offense are taken from the presentence report. On October 21, 2005, defendant and another individual broke into the residence of a person who was away from home and stole various items inside the house. The person who took care of the residence while the owner was away noticed defendant's presence, and reported the theft to police. Defendant was apprehended a short time later in his home in possession of the stolen property. When the officers attempted to detain defendant, â€
