P. v. Vo
After defendant Bi Van Vo pleaded no contest to various drug-related offenses, he was sentenced to a term of six years in prison, in accordance with his plea agreement. At the sentencing hearing, the trial court also imposed a concurrent county jail sentence of 90 days on one of the charges, and on appeal, Vo contends this was improper since the trial court had previously dismissed the charge in question. Court disagree. Though a colorable argument can be made that the trial court made an oral pronouncement dismissing the charge in question, any such dismissal would be invalid since no reasons therefor were entered in an order on the minutes as required by Penal Code section 1385. We resolve the conflict between the reporters transcript and the clerks transcript and find that the court intended to amend the charge to a misdemeanor, not dismiss it. Thus the concurrent county jail sentence was proper, and we shall affirm the judgment.
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