People v. Leon CA3

Filed 8/31/15 P. v. Leon CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Colusa) ----

THE PEOPLE, C077531

Plaintiff and Respondent, (Super. Ct. No. CR54369)

v.

ARMANDO GUTIERREZ LEON,

Defendant and Appellant.

The sole contention raised by defendant Armando Gutierrez Leon in the instant appeal is that the trial court’s minute order and the abstract of judgment incorrectly reflect that he must register pursuant to Penal Code section 186.30.1 The People agree, and we concur. Therefore, we will order correction of the abstract of judgment and minute order.

1 Undesignated statutory references are to the Penal Code.

1

We dispense with a detailed factual recitation as unnecessary to the issue raised on appeal. Suffice it to say, defendant pleaded no contest to attempted second degree murder (§§ 187, subd. (a), 664) and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)), and admitted personal use of a firearm in the commission of the attempted murder (§ 12022.53, subd. (b)). Pursuant to the plea agreement, the trial court sentenced defendant to an aggregate term of 20 years in state prison (the upper term of nine years for attempted murder, a consecutive one year for the assault, and 10 years for the firearm enhancement).

In its oral pronouncement of the sentence, the trial court stated, “in chambers, there was discussion with each counsel regarding the finding pursuant to [section] 186.30. The District Attorney indicated they [sic] were not seeking to have the Court make such a finding, and counsel indicated that he would oppose such a finding, and the Court agreed that the Court would not make such a finding.” Regardless, the sentencing minutes indicate that “[d]efendant is ordered to register pursuant to [section] 186.30,” and the abstract of judgment reflects that defendant must register pursuant to section 186.30, subdivision (b)(3).