P. v. Anciso
This is an appeal from the sentence imposed following defendants admission of a probation violation. Appointed counsel originally filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Review of the record revealed a discrepancy between the agreed-upon disposition and the sentence actually imposed. We asked the parties to brief the following question: Is reversal required because the record on appeal fails to reflect dismissal of count 2, count 3, and the prior prison term alleged in the complaint? The parties have submitted supplemental briefs on that question, and agree that the plea bargain must be honored, but the judgment need not be reversed. We will remand the matter to the trial court with directions to modify the judgment by dismissing count 2, count 3, and the prior prison term allegation, as contemplated by the plea bargain, and to amend the abstract of judgment accordingly. As modified, the judgment will be affirmed.
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