People v. Lujan CA3

Filed 4/27/15 P. v. Lujan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE,

Plaintiff and Respondent, C075994

v. (Super. Ct. Nos. 62123146, 62124105) MICHAEL LANCE LUJAN,

Defendant and Appellant.

Defendant Michael Lance Lujan pled no contest to numerous felonies. In exchange for his plea, the People agreed defendant would serve a stipulated term of nine years in state prison. Defendant appeals his sentence. Defendant contends the trial court made numerous errors in effecting the terms of defendant’s plea agreement. He asks this court to remand the matter for resentencing and recalculation of his custody credits. The People concede the errors and agree the matter should be remanded. Having reviewed the record and applicable law, we agree the trial court erred in sentencing defendant and remand the matter for resentencing.

1

BACKGROUND In the Superior Court of California, County of Placer case No. 62-123146 (case No. 146), the People charged defendant with attempted possession of methamphetamine. (Pen. Code, § 6641/Health & Saf. Code, § 11377, subd. (a).) The People further alleged defendant committed that crime while he was released on bail in Superior Court of California, County of Placer case No. 62-118400 (case No. 400) (§ 12022.1), was previously convicted of a strike offense (§§ 1170.12, subds. (a)-(d) & 667, subd. (b)), and previously served four prison terms (§ 1170, subds. (f) & (h)(3)). The trial court released defendant on bail. Approximately one month later, in Superior Court of California, County of Placer case No. 62-124105 (case No. 105), the People charged defendant with the unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)) and possession of hydrocodone (Health & Saf. Code, § 11350, subd. (a)). The People further alleged defendant committed these crimes while released on bail in case Nos. 400 and 146 (§ 12022.1), was previously convicted of a strike offense (§§ 1170.12, subds. (a)-(d) & 667, subd. (b)), and previously served four prison terms (§ 1170, subds. (f) & (h)(3)). Defendant pled no contest to all the charges in case Nos. 400, 105 and 106, and admitted all the sentencing enhancement allegations. In exchange for his plea, the People agreed defendant would serve a term of six years in prison. The trial court released defendant on a Cruz2 waiver and advised him that should he commit “any criminal offense or fail[] to appear for the pronouncement of judgment of sentence [then] he [would] be deemed to have waived his right to the Court’s indication of six years. And