People v. Ward CA3

Filed 2/23/15 P. v. Ward CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Tehama) ----

THE PEOPLE, C075241

Plaintiff and Respondent, (Super. Ct. No. NCR86694)

v.

CHARLES LAVERNE WARD, JR.,

Defendant and Appellant.

Defendant Charles Laverne Ward, Jr., appeals the judgment of the trial court sentencing him, pursuant to a plea agreement, to a term of five years four months in state prison. Defendant contends, and the Attorney General agrees, that because the trial court did not consider an alternate agreed-upon sentencing option of five years of probation, defendant’s due process rights were violated. We concur and remand the cause to the trial court for resentencing according to the terms of the plea agreement.

FACTUAL…