P. v. Studyvin CA3
While he was serving a jail term, defendant Lawrence Carl Studyvin, Jr., pleaded guilty to vehicle theft with a prior (Pen. Code, § 666.5, subd. (a); statutory section references that follow are to the Penal Code unless otherwise stated), with the understanding that an additional year (one-third the middle term for that offense) would be added to his existing sentence. At sentencing, however, the trial court restructured defendant’s sentence resulting in a sentence of seven years and four months. On appeal, defendant contends the sentence exceeded the terms of the plea bargain. The People concede the error, and we agree.
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