People v. Valle CA5

INTRODUCTION

Appellant Benjamin Valle contends on appeal that the minute order and the abstract of judgment from his resentencing hearing should be corrected to delete any reference to Penal Code section 667.5, subdivision (b),1 which was stricken by the trial court. The People agree but clarify the minute order should reflect the section 667.5, subdivision (b) enhancement was stricken. The People add that the abstract of judgment should also be corrected to reflect that punishment on counts 2 and 3 are stayed under section 654. We agree and remand the matter for the trial court to correct said clerical errors.

PROCEDURAL SUMMARY2

In 2010, after a jury trial, appellant was convicted and sentenced as follows: on count 1, attempted murder (§§ 664, 187, subd. (a)), the upper term of nine years, plus a consecutive term of 25 years to life for discharging a firearm (§ 12022.53, subd. (d)), and a consecutive term of one year for a section 667.5, subdivision (b) prior prison term enhancement. Punishment for other counts and enhancements was imposed and stayed as follows: upper term of seven years for shooting at an occupied vehicle (§ 246, count 2); upper term of three years for…