P. v. Horner
Defendant pleaded guilty to a nonexistent count. An information charged him with one count each of felony elder abuse by a caretaker (Pen. Code, S 368, subd. (b)(1)) and misdemeanor resisting an officer (S 148, subd. (a)(1)). The court severed the counts before trial, consolidating the resisting an officer count with a similar count charged in a separate matter. (S 954.) The minutes show count 2 (resisting an officer) was "deleted" from the elder abuse case. The parties later entered into a plea agreement. As part of the plea agreement, the felony elder abuse count was dismissed and defendant pleaded guilty to the severed/consolidated/deleted count. Defendant contends this is a "readily apparent" error. The Attorney General concurs. It submitted a one paragraph letter brief, stating it "has no objection to this Court ordering this misdemeanor conviction be stricken."
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