Drake

Samuel Drake appeals from the judgment which the trial court imposed after he entered a plea of guilty to 14 counts of robbery (Pen. Code, § 211). His sole complaint on appeal is with the aggregate 10-year sentence reflected in the abstract of judgment dated January 2, 1980. He contends that he was sentenced earlier to an aggregate term of six years, and that the court was without power to resentence him to the greater term. For the reasons set forth below, we agree with his contention.

Procedural Background

Drake initially came before the court for sentencing on December 19, 1979. He testified that he was addicted to heroin; he expressed remorse, and a desire for rehabilitation. The court expressed sympathy with his personal history, but indicated that under then applicable criteria (Welf. & Inst. Code, § 3052), he would not qualify for an alternative disposition. The court then sentenced him as follows: “It is the judgment and sentence of the Court that for a violation of Penal Code Section 211, as charged and found to be true with regard to Count 7 of the Information, that the Defendant be committed to the California Department of Corrections for a period of three…