Error and/or relief
The abstract of judgment should be corrected to accurately reflect that the crime-bail-crime enhancements were stayed.
Holding:
The abstract of judgment does not include the crime-bail-crime enhancements, and the court did not address them at sentencing. However, the minutes from the sentencing hearing state that punishment under section 12022.1(b) was stayed.
When a trial court’s intention is clear, we need not remand for resentencing, but can modify the judgment to reflect the intent of the trial court. Here, it is clear the court intended to stay the crime-bail-crime enhancements but failed to include the stayed enhancements on the abstract of judgment. Accordingly, we modify the judgment to reflect that the crime-bail-crime enhancements were imposed and stayed.
Authority:
People v. Mendoza (2016) 5 Cal.App.5th 535, 539