P. v. Laguer
Defendant appeals from a judgment entered following his no contest plea to first degree robbery (Pen. Code, 211), his admission that he personally used a firearm within the meaning of Penal Code section 12022.53, subdivision (b) and that the crime was committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further and assist in criminal conduct by gang members within the meaning of Penal Code section 186.22, subdivision (b)(1)(B).
Court agree with appellant that Court cannot speculate how the agreed to term of 21 years was reached and Court must, therefore, remand the matter to the trial court for resentencing.[
The matter is remanded for resentencing and in all other respects the judgment is affirmed.
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