P. v. Brooks
Defendant pleaded guilty to one count of identity theft (Pen. Code, 530.5, subd. (a))[1]and admitted that he had sustained four prior prison terms ( 667.5, subd. (b)). In return, defendant was promised a total term of seven years in state prison and the dismissal of an alleged prior strike conviction ( 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)). The People objected to the sentence and to the dismissal of the prior strike allegation based on the court engaging in illegal plea bargaining, the courts failure to send the matter for a presentence report to fully investigate defendants priors, and defendants failure to bring a motion to dismiss the strike. After the trial court commented that it was not a plea bargain and noted its reasons for dismissing the prior strike allegation, the court sentenced defendant pursuant to its agreement: the upper term of three years for the substantive offense, plus four consecutive one-year terms for each of the prior prison term allegations.
The People now appeal, contending that (1) the trial court engaged in illegal plea bargaining, and (2) the trial court abused its discretion in dismissing the prior strike allegation. As explained below, Court agree and reverse the judgment.
Comments on P. v. Brooks