P. v. Butler
The People of the State of California appeal from a trial court order dismissing for sentencing purposes five prior prison term allegations within the meaning of Penal Code section 667.5, subdivision (b). The People argue the order is void because the trial court failed to set forth the reasons for the dismissals in its minutes as required by section 1385, subdivision (a). The People also contend the order should be reversed because the trial court abused its discretion by engaging in illegal plea bargaining. In addition, the People claim the trial court improperly applied sentence credits under section 4019.
The sentences imposed in case Nos. RIF122745 and RIF123418 are vacated, and the matter is remanded to the trial court for resentencing in compliance with the views expressed in this opinion. However, before resentencing defendant in accordance with this opinion, the trial court is directed to permit defendant, if he so desires, to withdraw his guilty plea in case No. RIF123418 (the cocaine sale case). In accordance with the views expressed herein, upon resentencing, the trial court is reminded to review the presentence credits under section 4019 calculated as of the time defendant was originally sentenced in case No. RIF122745 and transferred to state prison.
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