P.
P. v. Eckes CA3
Opinion
Opinion
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests that this court review the record and determine whether it reflects any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. We have reviewed the record in its entirety and found the following errors. Defendant was sentenced for conspiracy to commit second degree robbery. Conspiracy is punishable in the same manner as the target offense (§ 182, subd. (a) foll. par. (6)), which in this case is robbery. Second degree robbery is punishable by two, three, or five years. The court stated it was imposing the “middle base term of two years” and the abstract of judgment repeats the error. Since the plea bargain was clearly for a two-year base term, the court’s records should be corrected to reflect imposition of the low term of two years as the base term. The abstract of judgment also indicates the source of defendant’s…