People v. Lutes

Opinion

ROTH, P. J.

Tesla Edward Lutes was convicted by plea of sodomy (Pen. Code, § 286, subd. (b)(1); count I), two counts of oral copulation (Pen. Code, § 288a, subd. (b)(1); counts II and III) and two counts of furnishing marijuana to a minor (Health & Saf. Code, § 11361, counts IV and V). He was found to be a mentally disordered sex offender (MDSO) and committed to Atascadero State Hospital but was returned thereafter as not being amenable to treatment. He was sentenced to state prison for the middle four-year term on the furnish

[832]

ing marijuana conviction in count IV and a consecutive eight-month term on the sodomy conviction in count l.

1

Sentences on the remaining counts were stayed. He appeals contending: “I. The court erred in failing to state the reasons for the prison sentence and making insufficient reference to the probation report or the hospital record. II. The court failed to state its reasons for imposition of consecutive sentences.”

At the outset, we must observe that appellant’s factual observations are correct and respondent does not suggest that the trial court articulated

any

reason whatsoever for the sentence choices here made.

(People

v.

Rosalez

(1979) 89 Cal.App.3d 789, 792 [153 Cal.Rptr. 65].) Consequently, we are unable to engage in meaningful and intelligent appellate review. (Cf.

People

v.

Blessing

(1979) 94 Cal.App.3d 835, 838-389 [155 Cal.Rptr. 780].)

2

Respondent urges that appellant’s failure to object to the lack of articulation below should preclude his complaint on appeal. It has been held, however, that no such objection need be advanced in the trial court.