P. v. Langston
On the night of February 18, 2005, Jordan Batess boyfriend Nathan Banks asked appellant Dedrick Donyell Langston to give him and Bates a ride in his van to pick up a bag of weed. Banks and Langston were both smoking PCP. Langston drove Banks and Bates to an alley near Joe Sanderss apartment in Bakersfield. Bates went to the apartment while Banks and Langston stayed in the alley. Michael Colbert and Louis Steele were inside the apartment. Sanders was in Los Angeles. Bates gave Colbert some money, he gave her some weed, and she left.
The matter is remanded with directions to strike from the judgment the stayed 25-to-life enhancement for personal and intentional discharge of a firearm causing great bodily injury or death in the conspiracy to commit first degree residential robbery in concert with others count ( 182, subd. (a)(1), 212.5, subd. (a), 213, subd. (a)(1)(A), 12022.53, subd. (d)) and to issue, and to send to all appropriate persons, certified copies of the amended abstract of judgment. (People v. Mitchell (2001) 26 Cal.4th 181, 187-188.) Langston has no right to be present at those proceedings. (See People v. Price (1991) 1 Cal.4th 324, 407-408.) Otherwise the judgment is affirmed.
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