People v. Scott CA2/3

Filed 8/15/14 P. v. Scott CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B251827

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA003230) v.

WALTER STEVE SCOTT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael A. Cowell, Judge. Order reversed, judgment modified, and, as modified, judgment affirmed with directions. California Appellate Project, Jonathan B. Steiner and Richard Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Appellant Walter Steve Scott appeals from an order denying his motion to correct the record, made following the judgment entered after a jury convicted him on two counts of first degree murder (Pen. Code, § 187, subd. (a) 1 ), twelve counts of first degree residential robbery (§ 211), five counts of forcible rape in concert (§§ 261, subd. (a), 264.1), five counts of forcible oral copulation in concert (§ 288a, subd. (d)), three counts of forcible sodomy in concert (§ 286, subd. (d)), three counts of kidnapping to rob (§ 209, subd. (b)), and three counts of second degree robbery (§ 211). Firearm enhancements (§ 12022.5) and special circumstance murder allegations (§ 190.2, subd. (a)(17)) were found true. The trial court sentenced appellant to prison for life without the possibility of parole, plus consecutive terms of 25 years to life, two terms of life plus a determinate term of 139 years eight months. Concurrent with this sentence, the trial court also imposed an additional life term and a determinate term of 57 years. 2 We reverse the order denying appellant’s motion to correct the record, modify the judgment, and, as modified, affirm the judgment with directions. FACTUAL SUMMARY The pertinent undisputed facts are as follows.3 On March 20, 1990, appellant was arrested for the present offenses, and remained in custody until November 12, 1991. On