Pritchett

People v. Pritchett

Good Law
1993 Cal. App. LEXIS 1159·20 Cal. App. 4th 190·24 Cal. Rptr. 2d 391·93 Daily Journal DAR 14721·93 Cal. Daily Op. Serv. 8595
Court of Appeal of CaliforniaNovember 19, 1993A060122California1,543 words

Opinion

Opinion

White, J.

—Defendant Larry Dale Pritchett appeals from an order which “recalled” his sentence pursuant to Penal Code section 1170, subdivision (d) and reinstated the precise sentence he had originally received. Because the appeal has been taken from a nonappealable order, we dismiss.

Facts and Procedure

The facts adduced at trial established that defendant used a sawed-off shotgun as a club to beat his former girlfriend. Based on this evidence, the jury convicted defendant of possessing a sawed-off shotgun (§ 12020, subd. (a)) and assault with a deadly weapon other than a firearm (§ 245, subd. (a)(1)). The jury also found defendant had personally used a firearm within the meaning of section 12022.5, subdivision (a) in connection with the possession count.

On August 24, 1992, the trial court sentenced defendant to the mitigated term of 16 months for the shotgun possession charge, imposed a 3-year consecutive term for the firearm use enhancement, and imposed a concurrent sentence for the assault. Thus, defendant’s total prison term was four years and four months.

Defendant did not appeal from the original sentence and permitted the 60-day period for filing such an appeal to…

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