P. v. Langarica
Defendant was charged with robbery (Pen. Code, 211, count 1) and taking personal property exceeding a value of $400 ( 487, subd. (a), count 2). He entered a plea bargain and agreed to plead guilty to robbery in exchange for dismissal of the other count. Under the agreement, the maximum possible custody commitment was five years. The court granted defendant probation for a period of five years under certain conditions, including that he serve one year in county jail. Defendant subsequently pled guilty to willful infliction of corporal injury on a spouse ( 273.5, subd. (a)), pursuant to another plea agreement. He also admitted violating his probation in the robbery case. The court revoked defendants probation and sentenced him to six years in the robbery case, plus one year in the corporal injury case.
On appeal, defendant contends that: 1) the trial court violated the plea agreement by sentencing him to six years on the robbery case; 2) the trial court failed to timely declare the degree of the robbery, and it should thus be declared second degree robbery. The People concede, and Court agree, that the court should not have sentenced defendant to more than five years on the robbery charge, that the robbery charge should be declared second degree robbery, and that the matter should be remanded for resentencing.
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