People v. Xiong CA3

Filed 10/21/13 P. v. Xiong CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yuba) ----

THE PEOPLE,

Plaintiff and Respondent, C072837

v. (Super. Ct. No. CRF12574)

JACKIE XIONG,

Defendant and Appellant.

Appointed counsel for defendant Jackie Xiong asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Our review has revealed an inconsistency between the oral pronouncement of judgment and the minute order. The matter was resolved by a plea agreement. As part of the plea, the parties agreed the trial court would dismiss counts 2, 3, and 5, and the attendant enhancement allegations. Consistent with the plea agreement, we…