People v. Tran CA4/3

Filed 12/21/23 P. v. Tran CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062173

v. (Super. Ct. No. 12WF2714)

TUAN THANH TRAN, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Kimberly Menninger, Judge. Reversed and remanded with directions. Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Tuan Thanh Tran, who is presently serving an indeterminate prison sentence after being convicted of, inter alia, premeditated attempted murder and two counts of attempted voluntary manslaughter, appeals from a postjudgment order denying his request to correct an allegedly illegal sentence. He contends the original sentencing court erroneously failed to impose a sentence for one convicted count before staying the sentence pursuant to Penal Code section 6541, and it committed the same error as to various firearm related enhancements. From his perspective, the problem was compounded years later when he brought the issue to the trial court’s attention during a sentencing related proceeding and the trial court recognized, but declined to correct, the sentence. Like the Attorney General, we agree portions of defendant’s sentence are unauthorized. Accordingly, we reverse and remand the matter to the trial court for correction of the unauthorized sentences, which shall include consideration of whether full resentencing on all counts is necessary under the circumstances.