People v. Curiel CA3

BACKGROUND

We omit the facts of defendant’s crimes as they are unnecessary to resolve this appeal. The change of plea form in case No. NCR86172 states defendant may receive a maximum sentence of three years for the possession of methamphetamine for sale count and maximum eight-month terms for the maintaining a place for sale of methamphetamine and possession of ammunition counts. The form does not indicate a stipulated sentence as part of the plea. The trial court informed defendant at the plea colloquy that he was subject to a maximum term of three years for the possession for sale count and would receive eight- month terms for each of the other two counts. A stipulated term was not mentioned at the hearing. The probation report in case No. NCR86172 states “[t]here was a plea agreement of four years state prison or five years probation and up to three hundred sixty-five days jail.” At the June 11, 2013, sentencing hearing, the prosecutor informed the trial court that the statement in the probation report regarding a possible stipulated sentence was

2 wrong, as defendant’s sentence was not part of the plea agreement. The prosecutor asked for the maximum term of four years four…