P. v. Ivey 4/25/05 CA1/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A105165

Case Date: 07/13/2005

Preview:Filed 4/25/05 P. v. Ivey CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, v. JESSIE THOMAS IVEY, Defendant and Appellant. (Lake County Super. Ct. No. CR032957) A105165

Defendant pleaded guilty to charges of financial fraud. Immediately prior to his sentencing hearing, the prosecution provided to defendant and the sentencing court an investigator's report strongly implying that defendant had been involved in extensive additional fraud. Although the trial court denied a continuance to permit defense counsel to investigate and respond to the report, the court nonetheless considered the report in imposing sentence. In addition, when imposing the upper term sentence the trial court considered various factual matters beyond those that defendant admitted in pleading guilty. Defendant contends that the trial judge erred both in considering the investigator's report and by taking into account non-admitted facts in imposing the upper term. Finding merit in both arguments, we remand for resentencing. I. DISCUSSION Defendant was charged in a complaint filed April 8, 2003, with grand theft in excess of $400 (Pen. Code,1

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