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People v. Wilbarn

California Court of Appeals, Sixth District
May 25, 2011
No. H036238 (Cal. Ct. App. May. 25, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JOEL WILBARN, Defendant and Appellant. H036238 California Court of Appeal, Sixth District May 25, 2011

NOT TO BE PUBLISHED

Monterey County Super. Ct. No. SS102036B

ELIA, J.

In this appeal defendant Joel Wilbarn raises only a sentencing issue. The People agree with defendant that the abstract of judgment reflects a clerical error in the sentence imposed. We also agree and accordingly will modify the judgment.

Background

On September 8, 2010, defendant pleaded nolo contendere to one count of possessing marijuana while in prison, a violation of Penal Code section 4573.6. He also admitted that he had previously been convicted of a serious felony within the meaning of section 1170.12. In exchange for his plea, he was promised a sentence of the lower prison term of two years, doubled under the Three Strikes Law. The trial court accepted the plea and ascertained that sentencing could proceed immediately without objection. The court then imposed the lower term of two years in prison, doubled pursuant to section 1170.12, subdivision (c)(1), for a total sentence of four years.

All further statutory references are to the Penal Code.

The abstract of judgment, however, indicates that the time imposed for defendant's offense was two years. Although the clerk listed four years for the "total time imposed, " line 1 of the abstract should have stated that defendant's punishment was four years. Consequently, the modification requested by both parties is justified and appropriate.

Disposition

The clerk of the superior court is directed to amend line 1 of the abstract of judgment to reflect a prison term of four years, as orally ordered by the trial judge. As so modified, the judgment is affirmed. The court shall forward a certified copy of the amended abstract to the Department of Corrections and Rehabilitation.

WE CONCUR: PREMO, Acting P. J., LUCAS, J.

Judge of the Superior Court of Santa Clara County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.


Summaries of

People v. Wilbarn

California Court of Appeals, Sixth District
May 25, 2011
No. H036238 (Cal. Ct. App. May. 25, 2011)
Case details for

People v. Wilbarn

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JOEL WILBARN, Defendant and…

Court:California Court of Appeals, Sixth District

Date published: May 25, 2011

Citations

No. H036238 (Cal. Ct. App. May. 25, 2011)