P. v. El Mir CA4/1
This appeal arises from a plea bargain in which the parties agreed to an unauthorized sentence. When the fact the sentence was unauthorized was brought to the court's attention by the Department of Corrections and Rehabilitation (CDCR), the court imposed a lawful sentence. The appellant now contends he is entitled to specific performance of the bargain and is thus entitled to serve his sentence in prison rather than county jail, even though such sentence cannot be imposed by statute. As we will explain below the appellant is not entitled to specific performance because the courts have no authority to impose an illegal sentence. Accordingly, we will affirm the judgment, but remand the case to the trial court with directions to permit the appellant to withdraw his guilty plea if he wishes to do so.
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