People v. Anderson

Opinion

ASHBY, J.

The People appeal from an order dismissing nine counts of a ten-count information. The court made the order after accepting the defendant’s plea of guilty to the 10th count, and sentencing him to a low term in the state prison. The disposition was intended by the court to be consistent with certain prior negotiations concerning a plea bargain, but was made over the express objection of the prosecutor who did not agree to the bargain and who was ready to proceed with jury trial.

On May 27, 1980, defendant was charged with one count of burglary, three counts of forcible sodomy, two counts of robbery, and three counts of false imprisonment arising out of his entry into a residence on the night of December 13, 1978. Three victims were involved. As to

[493]

each of the counts, it was alleged that defendant personally used a firearm. On November 18, 1980, a 10th count was added, alleging that between December 13, 1978, and February 8, 1979, defendant received stolen property. Trial was trailed until December 1, 1980, when it was transferred from Department Northeast H (Pasadena) to Department 100 (central Los Angeles).

When the case was called, the trial court stated: “Matter is a ten-day trial from Pasadena. [¶] The record will reflect that the Court has engaged in colloquy with counsel in chambers and the administrative level negotiation of this case which was considered realistic and equitable by those who would set the matter for trial. [¶] It has been rejected. [¶] According to the local conditions that prevail, the Court will accept that negotiation,- mindful that the attorney who followed this case from Pasadena must not agree. [¶] It’s the Court’s understanding that the defendant was offered, with the approval of the chief deputy of the ... Pasadena branch, which was as follows: The defendant will enter a plea of Count X—a plea of guilty to Count X wherein he is charged with violation of 496 of the Penal Code, receiving stolen property. [¶] It is my understanding that he will be sentenced to the low term prescribed by law in the State Prison, that being sixteen months, and, of necessity, receiving credits for the time, good time/work time, of which he is entitled. [¶] In addition, I understand that there is a violation matter that he is to be sentenced on and the sentence is to be served concurrent.”