Hopson
People v. Hopson
Opinion
Opinion
Benke, J.
Shannon Hopson appeals a judgment on his two convictions of taking or driving a vehicle (Veh. Code, § 10851).
In CR94974 in March 1988 Hopson was found in a stolen Datsun. In CR97210 on July 17, 1988, he was driving a stolen Toyota with a switched vehicle identification number. Hopson entered negotiated guilty pleas in both cases conditioned on being “sentenced to no more than the middle term of two years in state prison, the [Penal Code section] 12022 [charge] will be stricken, and any custody imposed in this case and any custody imposed in CR94974 will not exceed the two-year period and will be concurrent.” The court suspended imposition of sentence and placed Hopson on three years’ probation. On July 11, 1991, the court revoked probation. It sentenced Hopson to serve the upper term of three years in CR94974 with a consecutive eight months (one-third the middle term) in CR97210. Hopson contends the sentence violated the plea bargain.
We find People v. Turner (1975) 44 Cal.App.3d 753 [ 118 Cal.Rptr. 924 ] controlling. In Turner , a condition of the plea bargain was local time. Upon violation of probation, the court sentenced the defendant to prison. The argument made…