P. v. Zelaya CA2/3
Defendant Jose Armando Zelaya appeals from a judgment entered after we vacated his sentence and remanded to the trial court for resentencing. In our prior opinion, we held the trial court had erred by imposing a sentence based on a prior-conviction allegation that we found had been neither tried nor proven. (People v. Zelaya (Oct. 23, 2015, B256544) [nonpub. opn.] 2015 WL 6441462 (Zelaya I).) On remand, however, it was discovered that a key portion of the reporter’s transcript—namely, the oral proceeding of the priors trial—had not been transcribed and therefore was not before us on appeal. The trial court therefore reviewed the transcript of the priors trial, corrected its erroneous minute order nunc pro tunc, and then re-imposed the vacated sentence based on defendant’s prior conviction.
Comments on P. v. Zelaya CA2/3