People v. McCoshum CA3

Filed 10/13/23 P. v. McCoshum CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C096929

Plaintiff and Respondent, (Super. Ct. Nos. 19F2832, 19F4117, 19F4697, v. 19F4704, 19F4816, 19F4821)

JOSEPH LEON MCCOSHUM,

Defendant and Appellant.

Defendant Joseph Leon McCoshum appealed from a judgment on a plea resolving six cases. We reversed the sentence imposed in one case as violating Penal Code section 6541 and remanded for the trial court to exercise its discretion under a recently enacted

1 Undesignated statutory references are to the Penal Code.

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change to that statute. (People v. McCoshum (Jan. 4, 2022, C092483) [nonpub opn.].)2 Defendant now appeals from the new sentence, contending that the trial court improperly imposed two out-on-bail enhancements (§ 12022.1, subd. (b)) in one of the six cases. After the People explained the basis for the two enhancements, defendant on reply concedes that the trial court did not err but nonetheless suggests the abstract of judgment is misleading and should be amended. We agree with the parties that the trial court did not err, and conclude that the abstract need not be amended to clarify the nature of the enhancements. The parties also contend that the trial court failed to update defendant’s presentence credits at resentencing. However, the trial court filed an amended abstract of judgment granting defendant credits through the date of resentencing. We will affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In our prior opinion, we summarized the cases and charges against defendant. “Between May 6 and August 9, 2019, defendant was charged in several cases with many crimes, as pertinent here, as follows: (1) Case No. 19F2832 -- possession of a firearm by a felon and possession of a short-barreled shotgun, with both counts carrying four prior prison term enhancements; (2) Case No. 19F4117 -- two counts of possession of a controlled substance for sale, possession of a smoking or injecting device, and destruction of evidence, with both possession of a controlled substance counts carrying prior serious felony and prior prison term enhancements; (3) Case No. 19F4697 -- aid by misrepresentation in an amount over $400 and perjury (misrepresentation case); (4) Case No. 19F4704 -- attempted second degree burglary of a vehicle and possession of a smoking device, with the attempted burglary count carrying two out-on-bail enhancements; (5) Case No. 19F4816 -- possession of a firearm by a felon, illegal