People v. Webb CA2/7

Filed 1/5/24 P. v. Webb CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B328113

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA027587) v.

JEROME WEBB,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura L. Laesecke, Judge. Affirmed with directions. John F. Schuck, 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, Zee Rodriguez and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent. _______________

Jerome Webb appeals from an order denying resentencing under Penal Code section 1172.751 after the superior court found Webb was not entitled to resentencing to strike a sentence enhancement under section 667.5, subdivision (b), because at sentencing the trial court struck the enhancement. Webb contends, the People concede, and we agree that although the superior court was correct that the sentence enhancement was stricken at Webb’s 1996 sentencing, the abstract of judgment must be corrected to reflect this. Accordingly, we affirm the order but direct the superior court to correct the abstract of judgment to conform to the 1996 oral pronouncement of judgment.

FACTUAL AND PROCEDURAL BACKGROUND

According to the probation report, on January 31, 1996 Webb “engaged in a mini-crime spree in the South Bay and Long Beach area where he kidnapped, robbed, beat, sexually assaulted and terrorized four female victims.” Webb was convicted by a jury of assault with a deadly weapon or force likely to produce great bodily injury, kidnapping, robbery, and multiple sex-related offenses. The trial court sentenced Webb under the three strikes law (§§ 667, subds. (b)-(i), 1170.12) to a life term with the possibility of parole after seven years (doubled under the three strikes law), plus 38 years eight months. At the September 26, 1996 sentencing hearing, the trial court stated, “The court strikes the remaining allegation under