People v. Thomas CA4/2

statement of the case and identifying two potentially arguable issues: 1) whether the

sentencing court properly corrected the abstract of judgment and sentencing minute order

to accurately reflect fines and fees which it had orally imposed at sentencing two weeks

earlier; and 2) whether the sentencing court violated the provisions of section 654 by

imposing separate terms for the two counts of which defendant was convicted. We

affirm.

FACTS AND PROCEDURAL HISTORY

On June 28, 2010, defendant pled guilty to voluntary manslaughter (count 2;

§ 192, subd. (a)) and attempted murder (count 3; §§ 664/187, subd. (a)). Defendant

additionally admitted that as to count 2 he personally used a firearm (§ 12022.5, subd.

(a)(1)) and committed the offense for the benefit of a criminal street gang (§ 186.22,

subd. (b)(1)). As to the count 3 offense, defendant admitted the truth of an allegation he

personally used a firearm (§ 12022.53, subd. (b)). In return, the count 1 offense of

murder (§ 187, subd. (a)) and attached enhancements were dismissed.

On August 20, 2010, the court sentenced defendant, pursuant to his plea

agreement, to an aggregate, determinate term of 36 years eight…