California Court of Appeal

Sentence for felony child neglect and inflicting great bodily injury on a child under the age of five years in the commission of a felony or attempted felony is affirmed where the trial court was correct that it could not impose a sentence other than the stipulated term agreed to by the parties, as its discretion to impose a sentence both at the initial sentencing hearing and upon a recall of the sentence under Penal Code sec. 1170 was defined by the terms of the plea.

Appellate Information

• Decided 07/14/2009
• Published 07/14/2009

Judges

• IRION, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Charles R. Khoury, Jr., under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General;  Gary W. Schons, Assistant Attorney General;  Peter Quon, Jr., and Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent.