P. v. Devous CA5
Pursuant to a plea agreement, Michael Thomas Devous pleaded guilty to one count of possession of metal knuckles and admitted he had one strike prior and one prison prior. Devous was sentenced to seven years in prison. Devous argues his conviction and sentence must be reversed because the trial court’s failure to order a competency evaluation at the time of sentencing was a prejudicial abuse of discretion. We reject this contention. Devous further argues that the trial court misconstrued the plea agreement in sentencing him to seven years. We agree with Devous on this point and will vacate his sentence and remand the matter for resentencing. In all other respects, the judgment is affirmed.
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