Error and/or relief
GARY note: This is not a winning issue case, but is an example of an error in an abstract of judgment in which the abstract reflected a conviction less serious than actually sustained. While I doubt it was helpful to the defendant in this instance, I think it still provides yet another lesson in the importance of reviewing abstracts of judgment.
Holding:
The trial court’s minutes and abstract of judgment erroneously reflect that the defendant was convicted and sentenced on count 5 for the dismissed charge of false imprisonment by violence. The record indicates that the trial court struck the false imprisonment charge before trial and that the defendant was charged with and convicted of forcible rape in count 5, and that he was sentenced accordingly. The abstract of judgment must be corrected to reflect a conviction of rape by force or fear on count 5.
Authority:
People v. Jones (2012) 54 Cal.4th 1, 89
People v. Mesa (1975) 14 Cal.3d 466, 471