People v. Greenwood CA2/4

Filed 10/17/14 P. v. Greenwood CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B253459 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. BA407386)

v.

NATHANIEL ALBERT GREENWOOD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Ray G. Jurado, Judge. Affirmed.

Kevin D. Sheehy, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Margaret E. Maxwell and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

After a jury found appellant Nathaniel Albert Greenwood guilty on two counts of attempted murder, the trial court orally imposed a cumulative sentence of 53 years to life plus 30 years in state prison. Appellant’s sole contention is that the minute order from the sentencing hearing and the abstract of judgment do not accurately reflect his sentence. Because the sentencing minute order and the abstract of judgment contain the errors identified by appellant, we direct the correction of those errors, and affirm the judgment.

RELEVANT PROCEDURAL HISTORY On October 7, 2013, an amended information was filed, charging appellant in counts 1 and 2 with the attempted willful, deliberate, and premeditated murder 1 of Natisha Virginia C. and Jane Doe, a fetus (Pen. Code, §§ 187, subd. (a), 664)). Each count alleged that appellant personally discharged a handgun (§ 12022.53, subds. (b), (c)); in addition, under count 2, the amended information alleged that appellant’s personal discharge of a handgun caused great bodily injury (§ 12022.53, subd. (d)). Also accompanying the charges were allegations that appellant had suffered one prior felony conviction constituting a serious felony (§ 667, subd. (a)(1)) and a strike under the “Three Strikes” law (§§ 667, subds. (b)-(j), 1170.12, subd. (b), for which he had served a prison term (§ 667.5, subd. (a)). Appellant pleaded not guilty and denied the special allegations. A jury found appellant guilty as charged, and found the gun use allegations to be true. After finding the prior conviction allegations to be true, the trial court sentenced appellant to 53 years to life plus 30 years in prison. This appeal followed.