P. v. Hernandez CA2/5
A jury found defendant Luis Hernandez guilty of insurance fraud and attempted perjury. Defendant challenges the trial court’s instruction on attempted perjury and contends the trial court imposed an unauthorized sentence on the insurance fraud conviction. Because defendant was convicted of two offenses, the Attorney General asserts defendant’s sentence must be modified to add a second court security fee and conviction assessment (Pen. Code, § 1465.8 ; Gov. Code, § 70373) and the clerical error in the abstract of judgment, which indicates defendant’s convictions were the result of a plea instead of a jury’s verdict, should be corrected. The attempted perjury jury instructions set forth all elements of that offense, and the trial court did not have a sua sponte duty to give CALCRIM No. 460. Defendant’s midterm sentence on the insurance fraud conviction was authorized.
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