Opinion
A115732
7-8-2009
THE PEOPLE, Plaintiff and Appellant, v. THOMAS BONNETTA et al., Defendants and Respondents.
Not to be Published in official Reports
In our original opinion in this matter, filed on November 15, 2007, we concluded that the orders purportedly striking/dismissing additional terms of punishment pursuant to Penal Code section 1385 had to be reversed because the orders were not "set forth . . . upon the minutes" as required by that statute. (Id., subd. (a).) In People v. Bonnetta (2009) 46 Cal.4th 143, 146, 154, our Supreme Court affirmed our decision, but remanded the causes with directions for this court to "enter judgment reversing the judgments of conviction and, in turn, remand the matter to the trial court" (id. at p. 154) "to allow the trial court either to correct the error by again ordering dismissal, setting forth its reasons in an order entered upon the minutes, or to reconsider its decision and take appropriate action including, if necessary, proceeding as if the order had not been entered in the first instance." (Id. at 143.)
The Supreme Courts opinion is now final, and the matter has been returned to us. Obedient to the Supreme Courts command, we direct that the judgments of conviction for defendants Thomas Bonnetta and Michael Claude Wilen are reversed. The causes are remanded to the trial court for further proceedings consistent with the Supreme Courts opinion. The Clerk of this court is directed to issue a remittitur to the trial court immediately upon the filing of this order. (See Cal. Rules of Court, rule 8.276(b)(2).)
We concur:
Haerle, Acting P. J.
Lambden, J.