Error and/or relief
The trial court failed to orally dismiss counts that were to be dismissed under the plea agreement. We modify the judgment to reflect the dismissal of the two counts.
Holding:
The trial court erred by failing to dismiss the remaining counts as required by the plea agreement. While the minutes indicate the counts were dismissed, the court did not orally dismiss them at the hearing. To avoid unnecessarily wasting limited resources, we modify the judgment to reflect the plea agreement.
Authority:
PEN 1260
People v. Superior Court (Gifford) (1997) 53 Cal.App.4th 1333, 1337 [A plea agreement is, in essence, a contract between the defendant and the prosecutor to which the court consents to be bound]