Error and/or relief
We modify the judgment to dismiss defendant’s misdemeanor conviction as contemplated by the parties’ plea agreement and affirm the judgment as modified.
Holding:
The terms of the parties’ plea agreement required the trial court to dismiss the misdemeanor count for carrying a dirk or dagger (count 2) because defendant failed to successfully complete probation, leaving the felony count remaining. While the trial court sentenced defendant to two years on the felony count, it did not address the misdemeanor count. In accordance with the parties’ plea agreement, we shall dismiss defendant’s misdemeanor conviction for carrying a dirk or dagger.
Authority:
People v. Segura (2008) 44 Cal.4th 921, 930-931 [a plea agreement is a contract that is binding upon the parties and the court]