Olea

When a defendant agrees to a plea bargain by which he pleads guilty to an offense not specifically included in the sex offender registration statute, and the registration requirement is not included in the bargain, may the sentencing court subsequently require the defendant to register based on the facts underlying the offense? Not without violating the plea agreement.

Armando Olea appeals from a judgment and sentence entered on his plea of guilty to burglary charges. He contends the sentencing court violated the plea bargain he had accepted when it ordered him to register as a sex offender under Penal Code section 290, subdivision (a)(2)(E). We agree the court failed to abide by the terms of the plea agreement. However, we do not consider appellant’s suggested remedy appropriate in this case. Rather than striking the registration requirement, we reverse and remand for resentencing.

Background

Appellant was charged by complaint with the following nine felony counts: (1) first degree burglary of Mildred G.’s residence, with intent to commit larceny; (2) first degree burglary of Carol R.’s residence, with intent to commit larceny; (3) first degree burglary of Florence…