Error and/or relief
The abstract of judgment misstates the actual sentence imposed and must be corrected.
First Holding:
Initially, the defendant’s aggregate 42-years-to-life sentence consisted of seven years to life for the attempted murder, plus 10 years for the gang enhancement, and 25 years to life for the gun enhancement. In the defendant’s prior appeal, we modified the sentence as follows: the term specified for count 1 is modified to provide for a term of life with possibility of parole. For the gang enhancement, the 10-year term is stricken; instead, the judgment shall provide that defendant shall not be paroled until a minimum of 15 calendar years has been served. We made no change to the 25 to life firearm enhancement.
The abstract of judgment does not reflect the sentence actually imposed. For clarity, the amended abstract of judgment should be modified as follows: the term specified for attempted premeditated murder on count 1 is modified to provide for a term of life with the possibility of parole. For the gang enhancement under section 186.22(b)(1)(C), the 10-year term is stricken, and defendant shall not be paroled until a minimum of 15 years has been served. For the gun enhancement in violation of section 12022.53(d), the term is 25 years to life. Defendant’s aggregate sentence is 32 years to life with parole eligibility after 40 years.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185, 188 [courts may correct clerical errors at any time, and may order the correction of abstracts of judgment that do not accurately reflect the sentence imposed]