P. v. Campbell
A jury convicted appellant, Eric Scott Campbell, of first degree burglary (Pen. Code, §§ 459, 460, subd. (a)); receiving stolen property (Pen. Code, § 496, subd. (a));[1] possession of a firearm by a felon (§ 29800, subd. (a)(1)); possession of ammunition (§ 30305, subd. (a)(1)); and possession of marijuana for purposes of sale (Health & Saf. Code, § 11359). The court suspended imposition of sentence and placed appellant on five years’ probation, with various terms and conditions, one of which was that he serve one year in county jail.
The “MINUTE ORDER and ORDER GRANTING PROBATION†(minute order), signed by the court, states, in relevant part, that appellant was convicted of first degree burglary, “a violent felony within the meaning of [section 667.5, subdivision (c)] ....â€
Appellant’s sole contention on appeal is that the evidence was insufficient to support the court’s finding that the instant first degree burglary was a violent felony within the meaning of section 667.5, subdivision (c). The People concede the point, and we agree. We order the erroneous finding be stricken, direct the trial court to issue an amended minute order, and otherwise affirm.
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