P. v. Snodgrass
Filed 9/27/07 P. v. Snodgrass CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. JOHN ANTHONY SNODGRASS, Defendant and Appellant. | A116803 (Lake County Super. Ct. No. CR909407) |
On April 6, 2006, appellant John Anthony Snodgrass entered a plea in Butte County Superior Court to a charge of possession for sale of a controlled substance (Health & Saf. Code, 11351).
The next month, before sentence was pronounced in the Butte County case, appellant was arrested and charged with several offenses in Lake County after he led Clearlake police officers on a high-speed car chase while he was intoxicated. On June 23, 2006, appellant pleaded guilty to felony counts of evading a peace officer and vehicle theft (Veh. Code, 2800.2, 10851, subd. (a)) and a misdemeanor count of driving under the influence of alcohol (Veh. Code, 23152, subd. (a)). The prosecution dismissed the remaining charges in the interest of justice, and appellant waived time for sentencing.
On July 20, 2006, the Butte County Superior Court sentenced appellant to a middle term of three years imprisonment for the controlled substance offense and ordered him remanded into custody. According to the Butte County abstract of judgment, appellant was awarded 14 total days of custody credits against this sentence.
After an appropriate transfer order was obtained, on December 15, 2006, the Lake County Superior Court held a sentencing hearing on charges arising from appellants flight from the police. The probation department recommended imposition of the midterm sentence of two years for evading the police, with a concurrent 90-day term for the misdemeanor drunk driving charge, and a consecutive sentence of eight months for the vehicle theft. Defense counsel argued the sentences for the two felonies should be concurrent, not consecutive, because appellants unauthorized taking of his stepfathers vehicle was so close in time to his flight from police as to constitute a single course of aberrant behavior. In addition, appellant submitted a letter to the court asking that any sentence imposed on the Lake County charges be ordered to run concurrently with his sentence for the Butte County offense.
After hearing arguments from counsel, the trial court announced a detailed disposition. The court designated the three-year Butte County sentence as the principal term. The court imposed middle term sentences of two years for each of the Lake County felonies (Veh. Code, 2800.2, 10851, subd. (a)), designated them subordinate terms, and ordered them to run concurrently with each other but consecutively as to the principal term. The court further ordered that all but eight months of the Lake County sentences would be stayed pursuant to Penal Code section 1170.1, making the total aggregate term of the Butte and Lake County sentences three years eight months. As to the misdemeanor drunk driving charge, the court imposed an additional concurrent sentence of 90 days. Appellant would be required to pay restitution of $5,000 to Rural Community Housing (to repair damage caused when he crashed his vehicle through a fence and into a home under construction), with interest ordered to accrue at a rate of 10 percent per annum starting immediately, on December 15, 2006. The court imposed $400 fines pursuant to Penal Code sections 1202.4, subdivision (b) and 1202.45 in the Lake County case and recited that $600 fines had been imposed pursuant to these provisions in the Butte County case. In addition, the court stated appellant had two days of custody credits in Lake County and 14 days of credits in the Butte County case. Appellant filed a timely notice of appeal from the sentence.
On appeal, appellant complains the abstract of judgment does not accurately reflect the sentence imposed by the trial court. The Attorney General agrees the sentence stated in the abstract is incorrect and notes that additional errors appear in the amount of credits and restitution fines ordered.
The abstract correctly lists as the principal term the three-year sentence imposed in Butte County for violation of Health and Safety Code section 11351, and correctly states appellants aggregate sentence as three years eight months, but it describes the sentences for the Lake County offenses (Veh. Code, 2800.2 & 10851, subd. (a)) as eight years, instead of the eight months actually imposedi.e., one-third of the two-year midterm sentences ordered (Pen. Code, 1170.1). In addition, the abstract lists both Lake County sentences as consecutive and does not reflect the trial courts order that these sentences run concurrently to each other. Finally, the Attorney General is correct that the abstract fails to reflect the total amount of restitution and custody credits imposed for the Butte and Lake County offenses. The abstract lists restitution fines of $400 each for Penal Code sections 1202.4, subdivision (b) and 1202.45 and only two days of custody credits, whereas the court imposed total fines of $1,000 for each Penal Code section and appellant had accrued a total of 16 days of credits for the two cases. We shall order the abstract amended to correct these multiple errors. (See People v. Mitchell (2001) 26 Cal.4th 181, 185 [appellate court has inherent authority to order corrections in abstract of judgment to reflect oral judgment of the sentencing court].)
DISPOSITION
The trial court is ordered to prepare an amended abstract of judgment with the following corrections to the abstract filed January 5, 2007: (1) the sentences stated for counts 1A and 2A (violations of Vehicle Code sections 2800.2 and 10851, subdivision (a)) shall be stated as eight months, not eight years; (2) the sentence imposed for count 2A (violation of Vehicle Code section 10851, subdivision (a)) shall be marked concurrent, not consecutive; (3) restitution fines shall be stated as $1,000 each for Penal Code sections 1202.4, subdivision (b) and 1202.45, not $400 each; and (4) additional credits of 10 days for actual time served and 4 days for local conduct (Pen. Code, 4019) shall be added to the abstracts listing of credits for time served. In all other respects the judgment is affirmed.
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McGuiness, P.J.
We concur:
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Pollak, J.
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Horner, J.*
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* Judge of the Alameda County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
