People v. Suchal CA3

BACKGROUND

On December 7, 2023, defendant assaulted two law enforcement officers by “ramming” the car he was driving into the car they were driving. The People charged defendant with numerous criminal offenses including assaulting a peace officer with a deadly weapon (§ 245, subd. (c)). Defendant plead no contest to assault with a deadly weapon. While taking defendant’s plea, the trial court advised defendant he may be placed on parole after serving his prison term, “[o]nce you finish serving that time on this charge, you may then be placed on parole for up to three years.” The court also advised defendant he was pleading to a strike offense. In exchange for defendant’s plea, the People moved the trial court to dismiss the remaining charges. The court granted the People’s motion and sentenced defendant to a term of three years in state prison. The court also awarded defendant 224 days of custody credit. Defendant appeals with a certificate of probable cause.

DISCUSSION

Defendant contends this court must clarify the judgment to reflect that his eventual parole period may be two years, not three, pursuant to section 3000.01. Because the trial court did not set the parole term,…