State v. Vesquez

In this case, the state appeals a sentence imposed by the trial judge. Since the state did not consent on the record to a reduction in charge at the sentencing hearing, we hold that the trial judge was without jurisdiction to sentence the defendant for petit theft, a lesser included offense of robbery, the crime to which the defendant had pled no contest.

Sixteen-year-old Hector Vesquez was charged by information with robbery, a second degree felony, for using force to take a bicycle from a twelve-year-old victim. At a plea conference on March 19, 1998, Vesquez entered a no contest plea to the…