Jones

People v. Jones

Good Law
111 Cal. App. 3d 597·169 Cal. Rptr. 28·1980 Cal. App. LEXIS 2387
Court of Appeal of CaliforniaOctober 31, 1980Crim. 35962California2,310 words

Opinion

Opinion

Acting, J.

Derek Herman Jones was convicted pursuant to a negotiated disposition (Pen. Code, § 1192.5) wherein he entered a plea of guilty to robbery (Pen. Code, § 211) and admitted having used a firearm in the commission of that offense (Pen. Code, § 12022.5). He was committed to the California Youth Authority with the provision that his maximum period of potential confinement would be seven years. He has appealed from the judgment of conviction.

Defendant advances two contentions on this appeal: (1) that the case should be remanded for resentencing because the. trial court erred in failing to state its reasons for imposing the upper term for robbery when sentencing defendant to the Youth Authority; and (2) that defendant is entitled to good-time and work-time credit for the time served in the county jail prior to his sentencing.

I

The Necessity for a Statement of Reasons When Imposing the Upper Term When Sentencing an Adult Defendant to the Youth Authority

As indicated previously, both the People and defendant entered into a negotiated disposition wherein vulnerability to a seven-year maximum period of potential confinement at the California Youth Authority was the most…

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