People v. Pierce

Opinion

KING, J.

I. Introduction

In this case we hold that Judge R. Bryan Jamar erred by failing to state reasons for imposing upper terms of imprisonment, and we remand the cause for resentencing by another judge because of Judge Jamar’s persistent failure or inability to perform the fundamental duty of a sentencing court to state reasons for its sentencing choices.

II. Background

Marty Richard Pierce pleaded guilty to four counts of sale of methamphetamine (Health & Saf. Code, § 11379). Judge Jamar imposed the upper term of four years for one count, a consecutive subordinate one-year term for…