People v. May

Opinion

THAXTER, J.

In Stanislaus Superior Court case No. 243633, a jury convicted Darlene May of possessing cocaine base in violation of Health and Safety Code section 11350. She was subsequently found to have violated the terms of her felony probation in case No. 234382.

1

The matters were sentenced together; May received the middle term of two years in case No. 243633, and a consecutive sentence of one-third the middle term (eight months) in case No. 234382. Her sole contention on appeal is that the trial court failed to state reasons for imposition of the consecutive term. Respondent concedes error but contends that it was harmless. We agree with respondent and will affirm the judgment.

In case No. 243633, the trial court denied probation based on May’s prior record, the fact that she had not done well previously on probation, and the fact that she was on probation for another drug offense when the instant offense was committed. After imposing the middle term and denying her request for possible civil commitment to a narcotics treatment facility pursuant to Welfare and Institutions Code section 3051, the court stated: “In action number 234382, for the same reasons stated probation is denied. I’ll order that Miss May be sentenced to the Department of Corrections for the midterm of two years. I’ll order that that run consecutive, and with that running consecutive all but eight months or 240 days is stayed.”

Penal Code section 1170, subdivision (c) requires a trial court to state the reasons for its sentence choice on the record at the time of sentencing. (See also, Cal. Rules of Court, rule 443.)

2

The imposition of a consecutive sentence is a sentence choice.

(People

v.

Bejarano

(1981) 114 Cal.App.3d 693, 704 [173 Cal.Rptr. 71];

People

v.

Lawson

(1980) 107 Cal.App.3d 748 [165 Cal.Rptr. 764].) This court has held that the reasons for imposing consecutive terms must be expressly stated since, without such a statement, a sentence cannot properly be reviewed nor can the objective of uniformity of sentencing be achieved.