People v. Haney

Opinion

SIMS, J.

In this case involving a plea bargain, the prosecution promised not to charge defendant with enhancements based on his service of prior prison terms. In the published portion of this opinion we hold that the plea bargain did not contain an implied condition precluding the trial court from using defendant’s prior prison terms as an aggravating factor to impose the upper term of imprisonment in state prison.

Defendant pled guilty before a magistrate to one count of voluntary manslaughter and one count of robbery for crimes committed on or about September 1, 1987. (Pen. Code, §§…