People v. Bradford

Defendant Michael Allen Bradford was charged by information with the following offenses:

It was further alleged defendant was armed with a firearm during the commission of the offenses alleged in counts I and II. (Pen. Code, § 12022, subd. (a)(1).)

Pursuant to a plea bargain, defendant pleaded guilty to counts I and IV; the other charges were dismissed.

As pertinent, defendant was sentenced to the upper term of three years on count I plus one-third of a two-year term on count IV. Execution of sentence was stayed and defendant was placed on probation.

The trial court imposed the upper term on count I because defendant possessed two firearms and because the offense showed planning and premeditation.

On appeal, defendant contends the upper term on count I (cultivation of marijuana) was erroneously imposed. He argues his sentence violates the rule of People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ] because all firearm charges were dismissed pursuant to a plea bargain and his possession of the weapons was not transactionally related to the offense of cultivation of marijuana.

We shall conclude the trial court properly used defendant’s possession…