P. v. Nicholson CA5
Bradley Elmer Nicholson was convicted of first degree residential burglary, second degree burglary of a detached barn used for storage, and attempted taking of a vehicle. He appeals only his conviction for second degree burglary, for which he received a concurrent sentence of three years in prison. As to this conviction, the certified reporter’s transcript reflects a verdict of “not guilty,” while the written verdict form and remainder of the record reflects a verdict of “guilty.” Nicholson argues the verdict reflected in the reporter’s transcript is the jury’s true verdict, and therefore his conviction for second degree burglary must be reversed. The People argue that the reporter’s transcription is in error, and request that we remand the matter to the trial court for a hearing to determine whether the reporter’s transcript is erroneous. We find the reporter’s transcript contains an obvious error and order the trial court to order the court reporter to correc
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