P. v. Norris





















Filed 1/9/13 P. v. Norris
CA2/6











NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS



California Rules of Court, rule 8.1115(a), prohibits
courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115>.





IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND
APPELLATE DISTRICT



DIVISION
SIX




>

THE PEOPLE, Plaintiff and Respondent, v. BRANDIN MICHAEL NORRIS, Defendant and Appellant.

2d Crim. No. B240087 (Super. Ct. No. 2011012221) (Ventura County)

A
felony information charged appellant Brandin Michael Norris with assault with a
deadly weapon by means likely to produce great bodily href="http://www.sandiegohealthdirectory.com/">injury (Pen. Code, § 245,
subd. (a)(1)) (count 1); leaving the scene of an accident (Veh. Code, § 20001,
subd. (a)) (count 2); and driving with a suspended license (Veh. Code, §
14601.2, subd. (a)) (count 3). The
information further alleged as to counts 1 and 2 that Norris personally
inflicted great bodily injury within the meaning of Penal Code section 12022.7,
subdivision (a).

Before
trial, Norris pled guilty to count 3. At
the close of the prosecution’s case-in-chief in his jury trial, Norris waived
his remaining trial rights, pled guilty to leaving the scene of an accident
(count 2) and admitted the great bodily injury allegation, in exchange for a
sentence that would not exceed six years in state prison. The trial court “accept[ed] the plea
agreement of the parties,” dismissed count 1 and imposed a seven-





year sentence, consisting of the high term of four years on count 2,
plus three years for the great bodily injury enhancement.href="#_ftn1" name="_ftnref1" title="">>[1] Norris received 378 days of
presentence custody credits. He appeals from the judgment and sentence
following his guilty plea. (Pen. Code, §
1237.5; Cal. Rules of Court, rule 8.304(b).)


Norris
contends, and the People agree, his sentence is unlawful because it exceeds the
maximum sentence in the plea agreement.
“When a guilty plea is entered in exchange for specified benefits such
as the dismissal of other counts or an agreed maximum punishment, both parties,
including the state, must abide by the terms of the agreement.” (People
v. Walker (1991) 54 Cal.3d 1013, 1024, overruled on other grounds as stated
in People v. Villalobos (2012) 54
Cal.4th 177, 182-186.) Penal Code
section 1192.5 specifies that if a plea agreement is approved by the court, the
defendant “cannot be sentenced on the plea to a punishment more severe than
that specified in the plea . . . .” If
the trial court considers the plea bargain to be unacceptable, its remedy is to
reject it, not to violate it, directly or indirectly. (People
v. Segura (2008) 44 Cal.4th 921, 931-932.)


Here,
the plea agreement provided that the maximum sentence Norris would receive was
six years in state prison. The trial court violated the plea agreement
by sentencing him to seven years. The
People acknowledge this was improper and appropriately request that we remand
the matter for resentencing.

Accordingly, the sentence is vacated, and the
matter is remanded for resentencing in accordance with the plea agreement. In all other respects, the judgment is

>

affirmed.

NOT
TO BE PUBLISHED.







PERREN,
J.

We concur:







GILBERT,
P. J.





YEGAN,
J.





>



Patricia M. Murphy, Judge



Superior Court County of Ventura



______________________________



California
Appellate Project, Jonathan B. Steiner, Executive Director, Richard B. Lennon,
Staff Attorney, under appointment by the Court of Appeal, for Defendant and
Appellant.

Kamala
D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Lance E. Winters, Senior Assistant Attorney General, Steven D.
Matthews, Supervising Deputy Attorney General, David E. Madeo, Deputy Attorney
General, for Plaintiff and Respondent.