P. v. Tovar
On September 22, 2010, an information charged defendant and appellant Joe Talevera Tovar and codefendants Duane Jaramillo and Anthony Rios, inmates in state prison, with one count of assault with a deadly weapon by means of force likely to cause great bodily injury. (Pen. Code, § 4501.) The information also alleged one special prior offense. (Pen. Code, §§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1).) The information also alleged multiple prior offenses as to the codefendants.
After a four-day jury trial, the jury found defendant guilty as to count 1. The trial court set a sentencing hearing, as well as a court trial regarding the prior offense.
At the hearing on April 01, 2011, defendant admitted the special prior and also entered a plea in case No. RIF10005536. In the instant case, the trial court sentenced defendant to two years eight months in state prison, with 102 days of credit for time served, to run consecutive with case No. RIF10005536.
However, the April 1, 2011, minute order states that the “[s]pecification of plea†is “[s]tate [p]rison 2 years 8 months,†and “[d]efendant is arraigned for pronouncement of judgment.†Also, the abstract of judgment shows that defendant was “convicted by†“pleaâ€â€”not by a jury. We will direct the superior court to correct its April 1, 2011 minute order and the abstract of judgment to reflect that defendant was found guilty by a jury.
Defendant filed a timely notice of appeal.
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