People v. Brownlee CA5

Filed 11/18/15 P. v. Brownlee CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F069282 Plaintiff and Respondent, (Super. Ct. No. F80257140-4) v.

TERRENCE BROWNLEE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jonathan B. Conklin, Judge. John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Marcia A. Fay, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Gomes, J. and Poochigian, J.

On July 7, 1980, defendant Terrence Brownlee was convicted by plea of second degree murder (Pen. Code, § 187; count 1) and robbery (§ 211; count 2).1 He also admitted a firearm use enhancement as to both counts (§ 12022.5). On appeal, he requests that we correct a clerical error in his abstract of judgment. The People concede that the record requires correction. We dismiss the appeal, but direct the trial court to correct the abstract of judgment. PROCEDURAL SUMMARY Following defendant’s plea, he was sentenced On August 4, 1980. The judgment of commitment filed on August 21, 1980, states he was sentenced to prison for 15 years to life on count 1, the firearm use enhancement was to run consecutively to the sentence on count 1, and sentence on count 2 was stayed. The report to judicial council of defendant’s indeterminate sentence, also filed on August 21, 1980, states defendant was sentenced to prison for the term prescribed by law on count 1, which, according to section 190, subdivision (a), was 15 years to life. More than 32 years later, on March 15, 2013, the minute order of the August 4, 1980, sentencing hearing was corrected. The corrected order states defendant was sentenced to 15 years to life on count 1, plus a two-year firearm use enhancement. The sentence on count 2 and its enhancement were stayed pursuant to section 654. Also on March 15, 2013, an amended abstract of judgment was filed. It reflects the plea to both counts 1 and 2, the two-year firearm use enhancement on count 1, and the stayed sentence and enhancement on count 2. As for the indeterminate sentence on count 1, both of the following boxes are checked: “LIFE WITHOUT THE POSSIBILITY OF PAROLE on count[] 1” and “15 years to Life on count[] 1.”