People v. Pastel CA4/2

INTRODUCTION

After defendant and appellant Robert Anthony Pastel was convicted by a jury in

case No. INF067449, but before he was sentenced, he entered a guilty plea in case

No. INF067218. He contends that in the latter case, he entered into a plea bargain which

provided that he would receive an aggregate sentence of no more than eight years for the

two cases. This appeal arises following resentencing in both cases.

Several years after defendant was sentenced, the California Department of

Corrections and Rehabilitation (CDCR) notified the court that the sentences in both cases

were unauthorized because the gang enhancement in each case should have been five

years, not the three and four years, respectively, that the court imposed. Upon

resentencing, the court imposed a term of nine years in case No. INF067449 and a

concurrent term of eight years eight months in case No. INF067218. Defendant contends

that the modified sentence violated the terms of his plea bargain, and he is entitled to

specific performance of the plea bargain. The Attorney General contends that there was

no plea bargain, and the court properly modified the unauthorized sentences. However,

she…