IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta)
September 18, 2012
THE PEOPLE, PLAINTIFF AND RESPONDENT,
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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.
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 suspended, and probation reinstated.
On August 10, 2010, following admissions by defendant that he had violated his probation, the court (by Judge Ruggiero) ordered "the previously imposed state prison term, six year, four months be executed at this point."*fn3
When a defendant is convicted on multiple counts, the trial court has a duty to pronounce sentence on each conviction and impose a punishment authorized by law. (Pen. Code, § 12; People v. Cheffen (1969) 2 Cal.App.3d 638, 641-642.) The failure to pronounce sentence on a count of which defendant has been convicted has been found to constitute an unauthorized sentence (People v. Price (1986) 184 Cal.App.3d 1405, 1411, fn. 6); the same is surely true of a sentence imposed upon a charge to which the defendant did not plead guilty and which was dismissed pursuant to a plea bargain.
As defendant was sentenced on counts to which he did not plead guilty, and not sentenced on counts to which he did plead guilty, the current sentence is unauthorized. We shall remand the matter for pronouncement of sentence.
The matters are remanded for pronouncement of sentence in a manner consistent with the plea bargain and this opinion. In all other respects, the judgment is affirmed. Following pronouncement of sentence, the trial court shall prepare an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation.
We concur: NICHOLSON , J. BUTZ , J.