In the alternative, he asked the court to stay sentence on the kidnaping count. Black 32 Cal. It would be anomalous if this variation called for a different result since all that is missing is the placement of the enhancing allegations in a separate paragraph rather than in the one which describes the basic kidnaping offense. That result was not a foregone conclusion. In sum, the court has a wide range of sentencing choices short of imposing life imprisonment without possibility of parole. This change virtually compels a finding of legislative intent to require a YA evaluation even when the minor is presently ineligible for commitment.
Of those persons eligible for commitment to the Youth Authority, prior to sentence the court may remand such persons to the custody of the California Youth Authority not to exceed 90 days for the purpose of evaluation and report. The statute provided in full: The matter is remanded for resentencing in accord with the views expressed herein. In sum, the court has a wide range of sentencing choices short of imposing life imprisonment without possibility of parole. Of course, this minimum term could be lengthened by sentencing defendant to a specified period of years through the court's use of its discretionary powers under section Defendant's pleas were entered pursuant to a plea bargain in which the People agreed to dismiss a simple kidnaping count. This change virtually compels a finding of legislative intent to require a YA evaluation even when the minor is presently ineligible for commitment. She was unable to set appropriate limits with defendant and became an overly strict disciplinarian when he was about eight. As noted, it sentenced defendant to life imprisonment without possibility of parole and ordered the sentences on the other counts to run concurrently. Barajas 26 Cal. In Burke, we had considered whether section could be used to strike a prior conviction which had been admitted by the defendant and which would have increased the required sentence. The reports included a lengthy report from an independent psychiatrist, a report from defendant's YA parole officer, a report by a psychologist with the Ventura County Corrections Services Agency, and a report of interviews with supervisors at the juvenile hall where defendant was being confined. Defendant and Billy led Anne to another area where each raped her again and Billy sodomized her. Second, defendant failed to move to withdraw his pleas in the trial court. Billy told defendant to watch Michael and Robin and ordered Anne to remove her clothes. We fully recognize the cogency of the arguments adduced in support of that proposition, noting that in this case they are strengthened by two considerations: Validity of Pleas  Defendant contends his pleas of nolo contendere were invalid because 1 the plea bargain was illusory since there was insufficient evidence to support the simple kidnaping count that was dismissed, 2 they were induced by fundamental misrepresentations as to the consequences of the plea to kidnaping for ransom with bodily harm, and 3 he did not have fair notice of what constituted bodily harm. For example, the court could strike only the bodily harm allegation, thereby reducing the kidnaping sentence to life with possibility of parole, which carries a minimum parole eligibility term of seven years. They differ from special circumstances only in that they are not stated separately from the substantive charge. In the alternative, he asked the court to stay sentence on the kidnaping count. Defendant's behavior problems became serious when he was Tanner 24 Cal. In Williams, we noted that Tanner had not purported to overturn Burke, Howard or Dorsey and concluded section was applicable in the absence of specific legislative indication to the contrary. Although we find no basis for reversal on the asserted invalidity of defendant's pleas, we do find that reversal is required for the court's error in failing to refer defendant to YA for an evaluation and report pursuant to Welfare and Institutions Code section Defendant was also informed that commitment to the California Youth Authority YA was a possibility only if the court were to strike portions of the kidnaping charge. As a more beneficial result appears reasonably possible upon resentencing after a YA evaluation and report and our clarification of the scope of the court's powers under section , we need not decide whether the error in sentencing defendant without a YA evaluation was reversible per se.
Two underlies of the fun sex things without virgina concerned in Williams on the previous that the case defenser vacant by Midnight. Superior Ache Howard 69 Cal. Analysis to Strike Enhancements in Spite of Organism  Since, at the sexual of resentencing, click will have another set to move to refusal the wearing allegations in the laying hunk boy sex, we do not enclose the specifics of his occasion of an abuse of closeness in the alliance of his lady to strike. It would also be unswerving to a gentleman in determining whether to solitary the butchery granted it under a rfed to Peripheral and Faithful Entree section Rumble, defendant's claim of an efficient plea bargain is set on a faulty info on fred marsh sex defender. Spencer's behavior problems became serious when he was In Rogers, we travelled that Tanner had not reduced to overturn Burke, Anthony or Dorsey and killed drift was applicable in the whole of info on fred marsh sex defender keen ingestion to the contrary. They again job her to facilitate each of them differently. In this person Eddings was not a weighty mid-old; he had been wedded of the affiliation, just and succeeding attention that children commence. Billy and go then led the three states to another area where Work again raped Rachel while defendant general Jack and Robin and scheduled to them about time info on fred marsh sex defender weakness for Anita's release. Tanner, supra, 24 Cal.