What is the appropriate sentence for a defendant who pleaded no contest to counts 10 and 11 in a sexual assault case?

California, United States of America


The following excerpt is from People v. Price, C080892 (Cal. App. 2017):

On April 25, 2011, defendant pleaded no contest to counts 10 and 11; the remaining counts were dismissed with a Harvey waiver. (People v. Harvey (1979) 25 Cal.3d 754.) The trial court found a factual basis for the plea and advised defendant he could be sentenced to up to three years in state prison. After defendant waived referral to probation and requested immediate sentencing, the trial court orally suspended imposition of judgment, placed defendant on formal probation for a term of four years, and ordered him to serve 180 days in county jail with credit for time served. However, a "minute order and order of probation" filed on May 4, 2011, erroneously stated that defendant's term of probation was five years. Apparently, the court and the parties did not detect the error at the time.

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