P.

P. v. Sear CA3

Good Law
Court of Appeal of CaliforniaMarch 27, 2013C071398California927 words

Opinion

Opinion

BACKGROUND

Defendant and two others committed a home invasion robbery against a woman and her 11-year-old son. Defendant personally used a gun. In an amended information, the People charged defendant and the two others with two counts of first degree robbery and one count of first degree burglary (§ 459) and alleged defendant personally used a firearm in the commission of the robberies. Pursuant to a plea bargain, defendant pled no contest to the two robbery counts and admitted the personal use of a firearm as to the second count in exchange for a stipulated sentence of 13 years. Defendant asked to delay sentencing so that the probation department could review information that defendant had been admitted into a program at Delancey Street. The People requested immediate sentencing, indicating they would not consent to placement at Delancey Street. The trial court found delay fruitless because, in the court’s view, Delancey Street was not an option in lieu of 13 years in prison. After sentencing defendant to 13 years in prison, in accordance with the terms of the plea bargain, the trial court turned to fines and fees. The court stated, “Mr. Sear is being ordered to pay the…

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