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The People v. Jason Earl Visser

September 18, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JASON EARL VISSER, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. 08F9819, 08F3451, 08F9779 and 09F0011)

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

P. v. Visser 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Jason Earl Visser entered negotiated guilty pleas to theft-related charges in three cases and was granted probation. Ultimately, however, he was sentenced on some charges to which he had not entered a plea, and not sentenced on other crimes to which he had entered a plea. We agree with the parties that these cases must be remanded to the trial court for pronouncement of sentence.

BACKGROUND

On March 23, 2009, defendant entered guilty pleas in cases numbered 08F9819, 08F9779, and 09F0011 before the trial court (per Judge Ruggiero) as follows:

In case 09F0011, to count 1 (second degree burglary), to be selected the primary term;

In case 08F9779, to count 1 (petty theft with a prior); and

In case 08F9819, to count 2 (petty theft with a prior), count 4 (second degree burglary), count 6 (petty theft with a prior), and count 7 (second degree burglary). All "remaining cts/cases" were to be dismissed, in exchange for a sentence "lid" of six years, four months. Imposition of sentence was suspended in these three cases and defendant was granted probation.*fn1

On September 18, 2009, after defendant admitted violating his probation, the trial court (per Judge Beatty) imposed sentence as follows:

In case 08F9819, on count 1 (selected as the primary term), three years; on count 2, eight months; on count 3, eight months; and on count 4, eight months;*fn2

In case 09F0011, on count 1, eight months; and

In case 08F9779, on count 1, eight months. The aggregate sentence imposed was six years, four months. Execution of sentence was ...


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