Perry

*1254 Defendant Justin Lee Perry filed a petition for resentencing pursuant to Penal Code section 1170.18, 1 after serving over three years of his sentence for grand theft from the person of another. His original six-year sentence was the result of a plea agreement, pursuant to which the People dismissed other charges. In connection with the petition for resentencing, the People requested that, if the petition were to be granted, rather than resentence Perry the court should vacate the plea agreement and reinstate the previously dismissed charges. The court granted the petition for resentencing and denied the request to vacate the plea agreement. On appeal, the People contend that the resentencing deprived it of the benefit of its bargain obtained through the plea agreement. We affirm.

BACKGROUND

The facts underlying this appeal are not in dispute. On August 2, 2011, the People filed a felony complaint charging Perry and codefendant Joshua Gillon with two counts of second degree robbery (§ 211). The complaint also alleged that Perry had a prior conviction for robbery, which was alleged as an enhancement under the "Three Strikes" law, and a five-year enhancement *191 under…