Brandt

In this case of first impression, we hold that a sentencing court may not dispense with a statement of reasons for its sentence choices by soliciting and obtaining a waiver of the statement of reasons from the defendant.

Pursuant to a negotiated plea, defendant pleaded guilty to simple kidnapping (Pen. Code, § 207) reduced from kidnapping for the purpose of robbery (§ 209, subd. (b)) as charged in count I of the information. Additional counts charging defendant with attempted robbery (count II; §§ 664, 211), felonious assault (counts III and IV; § 245, subd. (a)(2)), and impersonation of a police officer, a misdemeanor (count V; § 538d) were dismissed on motion of the district attorney. Defendant also admitted five prior felony convictions with separate prison terms alleged pursuant to section 667.5, subdivision (b), and a sixth was dropped by the district attorney.

The negotiated plea did not include an agreement as to the sentence to be imposed.

At the sentencing hearing, the trial court asked defendant if he would waive a statement of reasons for imposition of the sentence, and defendant, through his counsel, indicated that he would waive a statement of…