P. v. Jamison
Pursuant to a plea agreement, defendant entered an open plea of guilty to first degree burglary (Pen. Code, S 459), and misdemeanor resisting arrest (Pen. Code, S 148, subd. (a)(1)); the court dismissed a charge of receiving stolen property (Pen. Code, S 496, subd. (a)), and a charge pending in another case of possession of a controlled substance for sale (Health and Saf. Code, S 11378) with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754). Defendant was sentenced on the burglary count to the upper term of six years in prison. Defendant contends that the judgment must be reversed because the court failed to state reasons for imposing the aggravated term. Court agree and remand for resentencing.
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