P. v. Strausbaugh
In San Diego Superior Court case number SCS200997, Michael Timothy Strausbaugh pleaded guilty to receiving stolen property and entered into a written plea agreement with the prosecutor that he would be denied probation and sentenced to 365 days in county jail, to run concurrently with a two-year sentence imposed in a separate proceeding against him for first degree burglary (San Diego Sup. Ct. case no. SCD198252). At his sentencing hearing in the receiving stolen property case, a different judge placed Strausbaugh on summary probation for three years and imposed the stipulated jail time as a condition of probation. On appeal from the resulting judgment, Strausbaugh contends the court improperly departed from the terms of his plea bargain by changing the disposition for the offense from a misdemeanor disposition to a felony disposition without giving him the proper advisements or obtaining his personal consent. We agree that, under the circumstances, the court erred by deviating from the terms of his plea and reverse that judgment with directions set forth below. Based on Strausbaugh's abandonment of his appeal from the judgment in SCD198252, Court affirm that judgment in its entirety.
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