P. v. Sheets
Defendant Phillip James Sheets pleaded guilty to willfully inflicting corporal injury on a spouse or cohabitant and received probation. The felony complaint upon which his plea was based contained a citation error. It referred to Penal Code section 273.5, subdivision (e) (which sets forth sentencing provisions), in the place where it should have referred to subdivision (a) (which describes the substantive offense). The same and other similar citation errors occurred at other points in the proceedings. After violating the terms of his probation, defendant was committed to state prison for a term of four years. He appeals from the order revoking probation and committing him to prison, claiming his conviction and sentence must be set aside because of the citation errors. Court affirm the judgment; the abstract of judgment be amended to cite the correct subdivision.
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