P. v. Ogunleye
Respondent was sentenced to a total prison term of ten years and four months pursuant to a plea agreement, which included his no contest plea to felony assault with a deadly weapon. In pronouncing sentence, the trial court stayed the three-year enhancement under Penal Code section 12022.7 for inflicting great bodily injury. Because the court did not strike the enhancement, the Department of Corrections treated respondent as a violent offender and limited his sentence credits to fifteen percent pursuant to section 2933.1. Respondent then sought relief by petition for writ of habeas corpus, asserting that he was being denied the full benefit of his plea bargain. When word of the petition reached the sentencing judge, he issued an amended sentencing order striking the enhancement. Shortly thereafter, the judge assigned to the petition for writ of habeas corpus summarily granted relief on the merits without first issuing an order to show cause or a writ. In separate appeals, the People (hereafter appellant) challenge the validity of both orders on procedural grounds, contending that (1) the amended sentencing order was improper because no statement of reasons for striking the enhancement was set forth as required by section 1385, and (2) the order granting relief under the petition for writ of habeas corpus was improper due to failure to comply with procedural requirements and due process. Court agree and, by separate opinions, reverse both orders with instructions on remand.
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