Scott

Background:

On March 3, 1981, appellant was charged with robbery (count 1); car theft (count 2); and burglary (count 3). On April 6, 1981, he was charged by information at an arraignment hearing in superior court.

On June 15, 1981, after a jury trial, he was found guilty on count 2. The jury could not reach a verdict on counts 1 and 3.

On June 22, 1981, there was a disposition hearing in superior court. Appellant announced he would enter a plea of guilty to count 1, on condition that he would receive a maximum of three years in state prison for the robbery and the car theft, counts 1 and 2. The court inquired whether there were factors in appellant’s background which would make á referral to the California Rehabilitation Center (CRC) appropriate. When appellant’s counsel said there were such factors, the court told appellant that he would be referred to the adult probation department for a presentence report.

The following dialogue then took place:

Appellant then pled guilty to count 1, and the district attorney moved to dismiss count 3, asking that the motion be taken under submission until sentencing.

On July 31, 1981, appellant was sentenced, on the basis of his…