P. v. Mendez CA2/2
Defendant and appellant Adan Mendez (defendant) appeals from the judgment entered after his conviction of robbery and assault, challenging only the sentence. He contends that the sentence on count 2 was unauthorized, requiring remand for resentencing. He also requests that the case be remanded for resentencing of both counts, under the recently amended Penal Code sections 12022.53, subdivision (h) and 12022.5, subdivision (c). We conclude that the error in count 2 was clerical error which may be corrected on appeal without remand, and that remand under the recently amended statutes is unwarranted. We thus modify the judgment and affirm as modified.
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