Error and/or relief
There are errors in the minute order and the abstract of judgment that must be corrected.
Holding:
The court’s sentencing minute order incorrectly states that the trial court imposed a term of 14 years to life for his conviction for shooting into an occupied vehicle, whereas the reporter’s transcript correctly reflects that the court imposed a 14-year determinate sentence stayed pursuant to section 654 for that conviction.
The defendant’s stayed determinate sentences for assault with a semiautomatic firearm and shooting into an occupied vehicle are incorrectly reflected on the abstract of judgment for defendant’s indeterminate prison term and should instead be listed only on the abstract of judgment for defendant’s determinate prison term.
These errors should be corrected by the trial court.
(Gary note: The court cited no authority for its order directing correction, but authority abounds. I have set forth below some cases the court could have cited.)
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185
People v. Delgado (2008) 43 Cal.4th 1059, 1070
People v. Leon (2020) 8 Cal.5th 831, 855
In re Black (1967) 66 Cal.2d 881, 890
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2