P. v. Esquivel CA2/5
Defendant and appellant Randolph Steven Esquivel was convicted, by plea, of willfully attempting to burn a structure (Pen. Code, § 455). A prison sentence of five years was imposed, but execution was suspended, and he was granted probation. Upon violation of probation, his probation was revoked and the previously imposed sentence executed. There followed a series of events, including California Supreme Court review and multiple amendments to applicable sentencing laws. During this time, defendant completed his term and was released on parole. Although it is now undisputed that two of the five years of his sentence must be stricken, the Attorney General argues that it should be permitted to rescind the plea agreement and return to the status quo ante. Recently codified authority prohibits this result. We modify defendant’s sentence to strike both one-year priors, and affirm.
Comments on P. v. Esquivel CA2/5