P. v. Jamison

Filed 2/13/07  P. v. Jamison CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

            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€