People v. Dionne CA3

DISCUSSION

I Failure to Exercise Discretion and State Reasons Defendant contends that his sentence must be vacated and his case remanded for resentencing because the trial court failed to exercise its discretion and state its reasons in sentencing. The Attorney General does not respond to this contention but, instead, argues that we should dismiss the appeal. Defendant’s contention has merit and requires the requested relief. Defendant was charged by complaint with two counts of robbery and one count of making a criminal threat. The complaint also alleged that defendant used a deadly weapon. Defendant entered into a negotiated plea with the prosecution. Under the agreement, defendant pleaded no contest to one count of robbery (Pen. Code, § 211; hereafter, unspecified code citations are to the Penal Code) and admitted the deadly weapon use allegation (§ 12022, subd. (b)(2)). The prosecution agreed to dismissal of the remaining counts and enhancements. The plea form signed by defendant provided that he “may serve this maximum sentence as a result of [his] plea: 8 years” and “[p]robation will be granted only if the sentencing judge finds this to be an unusual case (Prison…