P.

INTRODUCTION

On September 22, 2010, an information charged defendant and appellant Joe

Talevera Tovar and codefendants Duane Jaramillo and Anthony Rios, inmates in state

prison, with one count of assault with a deadly weapon by means of force likely to cause 1 great bodily injury. (Pen. Code, § 4501.) The information also alleged one special prior

offense. (Pen. Code, §§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1).) The information

also alleged multiple prior offenses as to the codefendants.

After a four-day jury trial, the jury found defendant guilty as to count 1. The trial

court set a sentencing hearing, as well as a court trial regarding the prior offense.

At the hearing on April 01, 2011, defendant admitted the special prior and also

entered a plea in case No. RIF10005536. In the instant case, the trial court sentenced

defendant to two years eight months in state prison, with 102 days of credit for time

served, to run consecutive with case No. RIF10005536.

However, the April 1, 2011, minute order states that the “[s]pecification of plea” is

“[s]tate [p]rison 2 years 8 months,” and “[d]efendant is arraigned for pronouncement of

judgment.” Also, the abstract of…