P. v. Ochoa
In a previous appeal from the judgment of conviction in the instant case, we reversed the jury's true findings on gang enhancement allegations attached to two counts, for lack of substantial evidence, and struck the imposition of sentence on four prior prison terms, for which no finding was rendered. (People v. Ochoa (2009) 179 Cal.App.4th 650 (maj. opn.).) The trial court originally imposed a determinate sentence of 10 years followed by an indeterminate term of life with a minimum parole eligibility date of 15 years. On remand, another judge imposed a determinate, aggregate prison sentence of 19 years 8 months.
In this appeal, defendant Guillermo Ochoa contends the sentencing court abused its discretion by imposing the upper term on one count upon which the prior court had imposed the midterm, and by imposing consecutive terms on another count upon which the prior court had imposed a concurrent term. Defendant additionally argues that the abstract of judgment must be amended to delete all references to the gang and prior prison term enhancements. The People concede the latter issue. We shall direct the trial court to make the requested corrections to the abstract of judgment. In all other respects, the judgment is affirmed.
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