People v. Gooch

Opinion

HALLER, J.

Thomas L. Gooch appeals the judgment on his conviction of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)).

[1006]

On April 12,1993, San Diego Police Officer Spear detained Gooch after observing him driving a pickup with expired license tags. After Gooch told Spear his driver’s license was suspended, the officer arrested Gooch for driving without a driver’s license. Spear searched Gooch and found in his pocket a baggie containing 3.8 grams of methamphetamine and $2,410. Gooch entered a negotiated guilty plea to transporting methamphetamine. The plea bargain included a three-year middle term lid and dismissal/striking of other charges and allegations. The court sentenced Gooch to serve the three-year middle term and at Gooch’s request, stayed execution for three weeks. Gooch did not appear on the report date. Thereafter, he was arrested and sentenced to serve four years.

1

Gooch contends the court erred in imposing the four-year sentence.

Gooch argues the trial court lacked jurisdiction to increase the sentence after entering judgment; the increased sentence is not based on an enhancement pleaded and proven or admitted; and the increased sentence violates the plea bargain. Reluctantly, we conclude that the court did not have the authority to impose the additional year.

The record before us shows that Gooch entered his negotiated plea on September 13, 1993.

2

On November 15, 1993, the court sentenced Gooch to state prison for the middle term of three years. Immediately following that pronouncement, Gooch’s counsel and Gooch asked for a “report date.” The court agreed to three weeks but admonished, “If you don’t show up, you’re going to add on a bullet to it.” Gooch responded, “All right.” The clerk announced the report date (Dec. 6, 1993) and the hearing ended. Court minutes bearing the date November 15, 1993, reflect the three-year middle-term sentence and the stay of execution, but do not reference the one-year “bullet.”

Because Gooch did not appear on December 6, 1993, the court forfeited his bond and issued a no-bail bench warrant. Gooch was arrested and appeared before the court on December 27, 1993. At that hearing, Gooch acknowledged that the court had previously told him he would get an additional year if he failed to appear as promised; the deputy district attorney urged the court to “resentence” Gooch; the court expressed its interest in imposing the additional year, but it questioned its authority to do so. The