P. v. Robinson
Defendant Orlando M. Robinson pled no contest to one count of battery (Pen. Code, 243, subd. (d)[1]) and admitted one prior serious felony conviction ( 667, subd. (a)(1)), in exchange for dismissal of three other charges and a maximum prison sentence of eight years. The court sentenced defendant to an aggregate sentence of nine years in state prison: the upper term of four years for the battery, plus a five year enhancement for the prior serious felony conviction. On appeal, defendant contends his sentence constitutes a violation of his plea bargain, and asks that we reduce it to the agreed-upon term of eight years. The People concede the issue. Court agree that defendants sentence violates his plea.
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