People v. Manning CA4/3

INTRODUCTION

Darion Lamar Manning, pursuant to a negotiated agreement, pleaded guilty to two counts of second degree robbery, admitted an enhancement allegation for being armed with a firearm when he committed the robberies, and admitted a prior conviction for robbery. He was sentenced to the agreed-upon term of 13 years. The trial court, upon receiving a notice of sentencing error from the California Department of Corrections and Rehabilitation (the CDCR), resentenced Manning to a term of 12 years four months. In this appeal, Manning argues his sentence must be vacated because he was denied his constitutional right to be present at the resentencing hearing. The Attorney General concedes this issue. The Attorney General argues, however, that the sentence imposed was legally unauthorized because the trial court did not impose the full base term on both counts. We agree. We shall vacate the sentence and remand with directions for resentencing that are explained in the disposition.

BACKGROUND

In June 2020, Manning pleaded guilty to two counts (counts 1 and 2) of second degree robbery. (Pen. Code, §§ 211, 212.5, subd. (c)). (Further code references are to the Penal Code.) For each…