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The People v. Robert Alan Jeter

October 24, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ROBERT ALAN JETER, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F9359)

The opinion of the court was delivered by: Blease , J.

P. v. Jeter

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendant Robert Alan Jeter of petty theft with a prior (Pen. Code, § 666)*fn1 , and in a bifurcated proceeding, the trial court found true allegations defendant had one prior strike conviction (§ 1170.12) and served four prior prison terms (§ 667.5, subd. (b)). The trial court sentenced defendant to an aggregate term of eight years in prison, consisting of two years (the middle term) for petty theft, doubled for the strike prior, plus one year for each of the four prior prison term enhancements.

On appeal, defendant contends "[t]he trial court abused its discretion in refusing to consider and/or accept a plea bargain." We shall conclude that the trial court acted well within its discretion in refusing to accept defendant's plea on March 16, 2010, after defendant advised the court that he had not read the change of plea form, but that the court erred in failing to exercise its discretion to consider the plea bargain on March 25, 2010, after the prosecutor confirmed that the deal remained open, and defendant indicated his desire to accept. Accordingly, we shall reverse the judgment and remand the matter to the trial court to resentence the defendant after consideration of the plea bargain tendered the court prior to the trial of the matter.

FACTUAL AND PROCEDURAL BACKGROUND

A detailed recitation of the facts is not necessary to resolve the issue before us. Suffice it to say that defendant was caught leaving a ShopKo store with a hair straightener concealed in his jacket and pants. He had not paid for the item, which sold for $139.99.

Defendant was charged in an amended information with petty theft with a prior. In addition, the information alleged defendant had one prior strike and served five prior prison terms.

On January 11, 2010, defendant appeared before Judge James Ruggiero and pleaded guilty to attempted petty theft with a prior, admitted the prior strike allegation and one prior prison term in exchange for a stipulated four-year prison sentence. Two days later, however, the trial court vacated the plea agreement because attempted petty theft with a prior is not a crime. (See People v. Bean (1989) 213 Cal.App.3d 639, 642-644.)

On March 16, 2010, defendant again appeared before Judge Ruggiero and attempted to plead guilty to attempted second degree burglary in exchange for a stipulated four-year prison sentence. The following colloquy ensued:

"THE COURT: . . . . Sir, did you read and understand this ...


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