People v. Kemp CA6

Filed 5/21/14 P. v. Kemp CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039800

(Monterey County Plaintiff and Respondent, Super. Ct. No. SS080703)

v.

JAMES DANIEL KEMP, JR.,

Defendant and Appellant.

Defendant James Daniel Kemp, Jr. appeals from a judgment of conviction for assault with force likely to produce great bodily injury (former Pen. Code, § 245, subd. (a)(1)). On appeal, he contends that the abstract of judgment must be corrected because it mistakenly describes his conviction as assault with a deadly weapon. The Attorney General concedes that the abstract of judgment must be corrected. The Attorney General additionally asserts that the clerk’s minute order for the plea hearing should be…