Ramos

Appellant Santiago Cervantes Ramos was charged by information with having committed the offense of robbery (Pen. Code, § 211). The information further alleged that, during the robbery, appellant used a deadly or dangerous weapon (a knife). At his arraignment, appellant pled not guilty and denied the special allegation. Thereafter, appellant withdrew his not guilty plea and entered a conditional plea of guilty to the robbery offense. The conditions of the plea bargain, agreed to by all parties, were that the special allegation would be dismissed at the time of sentencing, that the sentencing would be discretionary with the court, and that two municipal court cases would be dismissed if appellant was not given a county jail sentence on the robbery offense. It was further stipulated that appellant was ineligible for commitment to the California Rehabilitation Center.

Appellant was sentenced to the aggravated or upper-base term of four years in state prison on the robbery offense. He appeals upon the ground that certain sentencing errors were committed by the trial judge, rather than challenging the validity of his guilty plea.

Since there was no trial, the pertinent facts…