Anderson

The People appeal from an order dismissing nine counts of a ten-count information. The court made the order after accepting the defendant’s plea of guilty to the 10th count, and sentencing him to a low term in the state prison. The disposition was intended by the court to be consistent with certain prior negotiations concerning a plea bargain, but was made over the express objection of the prosecutor who did not agree to the bargain and who was ready to proceed with jury trial.

On May 27, 1980, defendant was charged with one count of burglary, three counts of forcible sodomy, two counts of robbery, and three counts of false imprisonment arising out of his entry into a residence on the night of December 13, 1978. Three victims were involved. As to each of the counts, it was alleged that defendant personally used a firearm. On November 18, 1980, a 10th count was added, alleging that between December 13, 1978, and February 8, 1979, defendant received stolen property. Trial was trailed until December 1, 1980, when it was transferred from Department Northeast H (Pasadena) to Department 100 (central Los Angeles).

When the case was called, the trial court stated: “Matter is a…