People v. Crouch

Opinion

STEPHENS, Acting P. J.

Defendant was charged with possession of heroin for sale in violation of Health and Safety Code section 11351; he

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was found guilty of possession (a lesser included offense) in violation of Health and Safety Code section 11350. Probation was denied and defendant was sentenced to state prison for the middle base term of two years.

It is unnecessary to set forth a full statement of the facts, for the sole issue presented is whether the court erred in failing to state the reasons for its sentence choice as required under Penal Code section 1170, subdivision (c), and if so whether that error requires that defendant be resentenced.

Penal Code section 1170, subdivision (c), provides in pertinent part: “The court shall state the reasons for its sentence choice on the record at the time of sentencing.. . . ”

Penal Code section 1170, subdivision (b), states: “. . . The court shall set forth on the record the facts and reasons for imposing the upper or lower term [of the three available, i.e., lower, middle, upper]. ...”

California Rules of Court, rule 439(d), restates the code requirements and explains the meaning of Penal Code section 1170, subdivision (c), as follows: “Selection of the middle term does not relieve the court of its obligation under section 1170(c) to state the reasons for imprisonment as its sentence choice.” Hence, we see that the court need express no reasons for imposition of the midterm imprisonment sentence. Where the court has a sentence choice, as when probation is a possible alternative to imprisonment, the court must express its reasons for the sentence it imposes. The court in sentencing defendant to state prison did not explain its sentence choice. It merely stated, “I will deny the defendant’s application for probation, sentence him to state prison for a period of two years, credit for 130 days.” This was error. The court should have stated on the record why it chose to sentence defendant to prison. This could have been done directly with explicit reasons or indirectly by stating why probation was deemed inappropriate.

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