P. v. Mendoza CA1/3
On this appeal defendant Febronio Alexander Mendoza challenges his sentence imposed pursuant to a plea agreement resolving two counts of robbery in the second degree and a related firearm-use enhancement. He contends, and the Attorney General agrees, that the court imposed an unauthorized and therefore illegal term on the firearm-use enhancement. However, the parties disagree as to the appropriate remedy. Defendant contends we should vacate the sentences and remand for resentencing. The Attorney General contends we can modify the sentences, and as modified, affirm the judgment. We conclude the appropriate remedy is to vacate the sentences and remand the matter for resentencing.
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