People v. Olken

Opinion

COBEY, J.

We hold that a sentence imposed pursuant to a negotiated disposition which is not supported by an articulation of reasons, while erroneous, is not “unauthorized by law” and, therefore, is not subject to correction after it has become final.

Morton Z. Olken was convicted by plea of grand theft (Pen. Code, § 487, subd. 1) and on November 11, 1979, was sentenced to state prison for the upper three-year term. He did not appeal this judgment but a full year later moved the trial court to reduce his sentence to the middle two-year term because it had failed to articulate the basis…