People v. Hudson CA4/1

BACKGROUND

Hudson was charged with one count of robbery (Pen. Code, § 211), one count of

unlawfully taking and driving a vehicle (Veh. Code, § 10851, subd. (a)), and one count of

withholding a stolen vehicle (Pen. Code, § 496d), each with an allegation that Hudson

was on bail at the time of the offense (Pen. Code, § 12022.1, subd. (b)).

Hudson pled guilty to robbery and withholding a stolen vehicle. In exchange for

his change of plea, the People agreed to stipulate to a sentence of three years eight

months in prison, to dismiss the remaining charge, and to dismiss an unrelated charge,

with a Harvey waiver.1 At a subsequent sentencing hearing, Hudson was sentenced to a

term of three years eight months in prison.

People v. Harvey (1979) 25 Cal.3d 754 prohibits courts, in sentencing a defendant, from considering other charges that have been dismissed as part of a plea bargain, unless the defendant agrees that the court can consider such dismissed charges.

The middle term for Penal Code section 211 (three years) and one-third of the middle term for Penal Code section 496d (eight months, which is one-third of two years), to be served consecutively.…