Pierce

I. Introduction

In this case we hold that Judge R. Bryan Jamar erred by failing to state reasons for imposing upper terms of imprisonment, and we remand the cause for resentencing by another judge because of Judge Jamar’s persistent failure or inability to perform the fundamental duty of a sentencing court to state reasons for its sentencing choices.

II. Background

Marty Richard Pierce pleaded guilty to four counts of sale of methamphetamine (Health & Saf. Code, § 11379). Judge Jamar imposed the upper term of four years for one count, a consecutive subordinate one-year term for another count, and concurrent upper terms of four years for the remaining counts, for a total prison sentence of five years.

Judge Jamar gave no statement of reasons for imposing the upper terms. He simply said, “The circumstances in aggravation and mitigation as set forth on page four of the presentence report are adopted as the circumstances in aggravation and mitigation. Court finds that circumstances in aggravation outweigh the circumstances in mitigation.” The probation report described six aggravating factors and two mitigating factors.

III. Discussion

Judge Jamar violated the duty of a…