Arnold

Appellant, Christopher H. Arnold, contends reversal is required for two reasons: (1) the trial court failed to consider all mitigating factors when it imposed sentence, namely, a portion of the police report which referred to his cooperation in the case investigation, and (2) the trial court failed to state its reasons for denying probation when he was resentenced following his rejection by the California Youth Authority (CYA). We disagree with appellant’s first contention, but agree with his second, and will remand for resentencing.

Summary of the Facts and Proceedings

Appellant entered a plea of guilty to a violation of Vehicle Code section 10851 (auto theft). Probation was denied, and he was sentenced to state *90 prison for the midterm of two years. He was ordered housed in the CYA pursuant to Welfare and Institutions Code section 1731.5, subdivision (c). 1 When the CYA declined to accept him, he was returned for resentencing, at which time the trial court ordered that the sentence be amended to reflect that appellant was to be housed in state prison for the term previously imposed.

Discussion

Part I *

Part II

Failure to State Reasons for Sentence Choice Upon…