People v. Pulido CA2/7

Filed 12/30/22 P. v. Pulido CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B321021

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA078773) v.

RAFAEL PULIDO,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Teresa P. Magno, Judge. Reversed and remanded with directions. Gloria C. Cohen, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy

Attorney General, and Eric J. Kohm, Deputy Attorney General, for Plaintiff and Respondent. ___________________ Rafael Pulido appeals the superior court’s May 12, 2022 order modifying, nunc pro tunc, his sentence in Los Angeles Superior Court, 2005, No. TA078773 (case 1), which he contends unlawfully extended his confinement in state prison. Pulido urges us to reverse the order and remand with directions to correct the minute order specifying his sentence in case 11 and the related abstract of judgment and to issue an order for his immediate release. The Attorney General agrees that the superior court erred and that we should reverse the May 12, 2022 order and direct corrections of the case 1 sentencing order and abstract of judgment, but contends the record on appeal is insufficient to determine whether Pulido’s immediate release is appropriate. The Attorney General is correct that we do not know the correct release date for Pulido as determined by the California Department of Corrections and Rehabilitation (CDCR). However, we know the CDCR on May 6, 2022, in a letter encouraging modification of Pulido’s sentence on an expedited basis, advised the superior court Pulido’s release date was then “imminent.” Accordingly, in addition to reversing the May 12, 2022 order and remanding with directions to correct the case 1 sentencing minute order and abstract of judgment, as Pulido and the Attorney General agree we should, we direct the superior court to