People v. Bocanegra CA3

DISCUSSION

Pursuant to section 1213, subdivision (a), when a defendant is sentenced to prison, the trial court is tasked with preparing an abstract of judgment and furnishing a certified copy of that document to the Department of Corrections and Rehabilitation. “Under this statute, ‘the certified abstract of the judgment constitutes the commitment. [Citations.] It is thus the order sending the defendant to prison and “the process and authority for carrying the judgment and sentence into effect.” ’ ” (People v. Mitchel (2001) 26 Cal.4th 181, 185 (Mitchel).) Here, we vacated Bocanegra’s previous sentence (Bocanegra, supra, 90 Cal.App.5th at p. 1257), and the trial court resentenced him on September 18, 2023, to an aggregate prison term of seven years eight months. However, according to a declaration from a clerk with the San Joaquin County Superior Court, no amended abstract of judgment was prepared. We agree with the parties that this document must be generated

2 and forwarded to the Department of Corrections and Rehabilitation. (§ 1213; Mitchel, supra, 26 Cal.4th at p. 185.) Further, pursuant to section 2900.1, “when a sentence is modified while in progress, the ‘time’ already…