People v. Woods CA1/5

I. FACTS AND PROCEDURAL HISTORY

On August 19, 2010, pursuant to a plea bargain, Woods entered a no contest plea to one count of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)) 1 and admitted a prior conviction within the meaning of the Three Strikes Law (§§ 1170.12, subd. (c)(1), 667, subd. (e)(1)). Woods agreed to a sentence of six years in state prison.

1 All statutory references are to the Penal Code.

1 On October 5, 2010, the court imposed the negotiated sentence of six years, comprised of the middle term of three years for the second degree robbery offense, doubled to account for the prior strike conviction. The abstract of judgment, filed on October 19, 2010, indicated that Woods was sentenced as a second strike offender under section 667 or 1170.12, but it listed the total prison time to be three years, rather than three years doubled under the Three Strikes Law to six. By letter dated May 30, 2013, the California Department of Corrections and Rehabilitation informed the trial court that the abstract of judgment might be erroneous or incomplete, since it indicated a three-year sentence instead of a six-year sentence. On June 18, 2013, the court issued an…