Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of San Diego CountySuper. Ct. No. SCE256626, Laura W. Halgren, Judge. Affirmed.
HALLER, J.
In October 2005 Mario Ganelin willfully and unlawfully inflicted a corporal injury, resulting in a traumatic condition, upon his wife. He entered a negotiated guilty plea to inflicting corporal injury on a spouse (Pen. Code, § 273.5, subd. (a)). Before he entered the plea, he was advised that as a consequence of the plea, he could receive a maximum sentence of three years in prison. He was also advised that if he received probation, a violation of any probation condition could result in a prison sentence of the maximum term stated above.
In January 2006 the court suspended imposition of sentence and placed Ganelin on three years' probation. In November Ganelin admitted violating probation and the court revoked probation. In January 2007 it sentenced him to the four-year upper prison term.
Ganelin appeals, contending the four-year term was unauthorized, and the sentence must be reduced to three years or the case must be remanded for resentencing. The People concede the sentence was unauthorized and must be reduced to the three-year middle term. We agree. (People v. Velasquez (1999) 69 Cal.App.4th 503; People v. Shelton (2006) 37 Cal.4th 759, 768; People v. Superior Court (Gifford) (1997) 53 Cal.App.4th 1333, 1337-1338, quoting People v. Ames (1989) 213 Cal.App.3d 1214, 1217.)
DISPOSITION
The judgment is modified by replacing the four-year upper term sentence with the three-year middle term. As so modified, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation.
WE CONCUR: BENKE, Acting P. J., HUFFMAN, J.