P. v. Craig
Following an altercation with an acquaintance, in which Defendant punched the victim several times in the face, Defendant was charged with assault with force likely to produce great bodily injury and battery with serious bodily injury. As to both offenses, it was alleged Defendant personally inflicted great bodily injury upon the victim, and it was also alleged defendant had been convicted of two prior strike offenses and had served a prior prison term.
In a negotiated plea bargain, Defendant agreed to plead no contest to the battery charge, and to admit one prior strike conviction, and one prior prison term, in exchange for dismissal of the remaining charge and the great bodily injury enhancement under Penal Code section 12022.7, subdivision (a). After Defendant’s plea was entered, the court granted the district attorney’s motion to dismiss the assault charge, the great bodily injury enhancement, and the second strike allegation.
On appeal, Defendant asks the court to order the abstract corrected to reflect sentence components actually imposed by the trial court; i.e., to show that his mid-term sentence was doubled by virtue of Defendant’s prior strike conviction, and to eliminate the reference to a great bodily injury enhancement. The Attorney General concedes the error. Court agreed that the abstract of judgment must be corrected.
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