People v. Cramer

Opinion

COMPTON, Acting P. J.

Defendant, charged in two separate informations (A376220, A3 80034), pleaded guilty to manslaughter and a violation of Vehicle Code section 10851 (unlawful taking of a motor vehicle), as part of a plea bargain which included an agreement that defendant was to receive a probationary type sentence requiring him to spend a possible 15 months in the county jail as a condition thereof.

At the time of the plea defendant was awaiting sentence on another pending case in which he had previously pleaded guilty. In that case his previously granted probation had been revoked, apparently as a result of the charges to which he here pleaded guilty.

Apparently neither defendant, his counsel nor the court in this matter contemplated that the other pending case would result in a state prison sen

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tence. In the interim between defendant’s entry of his pleas of guilty in this case and the date for sentencing, however, defendant received a three year state prison sentence as a result of the probation violation in the other case.

When defendant appeared for sentencing in this case there was a lengthy colloquy between the court, defendant and counsel concerning the sentence to be imposed.

For his part, defendant now contends that he refused to accept the previously promised probation, as was his right, while the People contend that defendant, in effect, sought to avoid the plea bargain and withdraw his previously entered pleas.

We need not decide which version of the proceedings was correct since we have concluded that the court lacked the authority to order the sentence which was ultimately imposed.

That sentence, as set forth in two separate minute orders, was as follows:

Case No. A376220

(violation of Veh. Code, § 10851)

1. Proceedings suspended,

2. Probation for a period of five years,

3. Defendant to serve