P. v. Morales CA3
Defendant Eliceo Morales appeals a judgment entered after his plea of no contest to felony cultivating more than six marijuana plants with specified priors (Health & Saf. Code, former § 11358, subd. (d)(1)) and diverting the natural flow of a stream (Fish & G. Code, § 1602, subd. (a)) for which he received a sentence of three years in county prison and one year county jail to run concurrently. He argues the trial court erred in failing to stay the portion of his sentence attributable to the diversion of water pursuant to Penal Code section 654 because that water was diverted to cultivate the marijuana. We requested supplemental briefing addressing: (1) the power of this court to conform defendant’s plea and sentence to reflect a violation of Health and Safety Code section 11358, former subdivision (d)(3)(D), instead of former subdivision (d)(1); and (2) what effect, if any, this discrepancy had on defendant’s sentence, including the application of Penal Code section 654.
Comments on P. v. Morales CA3