P. v. Bryant CA4/15
In a plea to the court, defendant and appellant James Edward Bryant pleaded guilty to two counts of robbery (Pen. Code, § 211) and one count of making a criminal threat (§ 422). He also admitted that he had suffered one prior strike conviction (§§ 667, subds. (c) & (e)(1); 1170.12, subd. (c)(1)) and one prior serious felony conviction (§ 667, subd. (a)). In exchange, the trial court indicated a sentence of 10 years four months. The matter was thereafter continued for sentencing with defendant waiving his right to be sentenced by the court taking the plea pursuant to People v. Arbuckle (1978) 22 Cal.3d 749 (Arbuckle). When defendant appeared for sentencing, he requested the sentencing court strike the five-year prior serious felony conviction. After the sentencing court explained it had no ability to do so since the prior serious felony was part of defendant’s negotiated plea with the court, the sentencing court sentenced defendant to 10 years four months in state prison
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