People v. Clayton CA2/2

BACKGROUND

In 1994, appellant was charged by information with one count each of murder (§ 187, subd. (a)) and attempted murder (§§ 664/187, subd. (a)), and two counts of attempted second degree robbery (§§ 664/211). It was further alleged as to all counts that appellant personally used a firearm (§ 12022.5, subd. (a)), and as to the murder and attempted murder that he inflicted great bodily injury (GBI) (§ 12022.7, subd. (a)). In 1995, a jury found appellant guilty of murder, attempted murder, and two counts of attempted second degree robbery, and found true the firearm and GBI enhancements. The trial court sentenced him to a total of 39 years to life. In 1997, the California Department of Corrections and Rehabilitations (CDCR) informed the trial court that the abstract of judgment was incomplete. The trial court ordered the abstract to be amended to reflect that the sentences on the attempted robbery counts were to run concurrently with the murder sentence.

1 Undesignated statutory references are to the Penal Code.

2 In 2005, the trial court recognized that the amended abstract prepared in 1997 did not fully correct the original abstract and therefore ordered another…