People v. Mendoza CA1/5

BACKGROUND

In December 2014, pursuant to an agreement, appellant pled no contest in two cases to two counts of assault with a semiautomatic firearm (Pen. Code § 245, subd. (b))1 and one count of soliciting another to commit murder (§ 653f, subd. (b)). He also admitted personally using a firearm (§ 12022.5, subd. (a)) in the two assaults, among other allegations. The agreement called for a 19-year prison term. In March 2015, the trial court sentenced appellant to a 19-year prison term. The sentence consisted of a nine-year term for the assault in count two, plus a 10-year term

1 All undesignated statutory references are to the Penal Code.

1 for the section 12022.5 enhancement. The court ordered the prison terms on the other offenses and allegations to run concurrently. In June 2015, an abstract of judgment was prepared that states appellant was sentenced to 29 years in prison, consisting of the 19-year term on count two and its section 12022.5 enhancement, plus ten years for the section 12022.5 enhancement on count three.

DISCUSSION

The parties agree the trial court sentenced appellant to a 19-year term and the 29- year term stated in the abstract of judgment is a clerical…