Opinion
F061930 Super. Ct. No. VCF235574
01-24-2012
THE PEOPLE, Plaintiff and Respondent, v. JOSHUA GALINDO, Defendant and Appellant.
Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Alice Su, Deputy Attorneys General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
THE COURT
Before Levy, Acting P.J., Kane, J. and Franson, J.
APPEAL from a judgment of the Superior Court of Tulare County. Gerald F. Sevier, Judge.
Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Alice Su, Deputy Attorneys General, for Plaintiff and Respondent.
Appellant Joshua Galindo pled no contest to a charge of possession of methamphetamine for sale (Health & Saf. Code, § 11378). The court placed appellant on probation for three years, ordered him to serve 90 days in jail, perform 120 volunteer hours if he did not have a job within six months of custody release, and granted him five days of custody credit and four days of conduct credit. Unfortunately, the minute order states that appellant "shall participate in 120 hours volunteer service under the direction of the Probation Officer. To be completed [within] 6 mo[nth]s of register." This minute order is in error, as respondent concedes, because it fails to mention that the community service requirement applies only if appellant does not have employment within six months of his release from custody. Appellant's sole request on appeal is that the minute order be corrected to reflect the oral pronouncement of judgment. This court and respondent agree.
DISPOSITION
The case is remanded to the trial court with directions that the minute order be corrected to reflect that as a condition of probation, appellant must perform 120 hours of volunteer service only if he is unable to secure employment within six months of his release from custody. The judgment is otherwise affirmed.