P. v. Tapia CA3
A jury convicted defendant Martin Tapia of rape, making criminal threats, and simple kidnapping. The court sentenced him to state prison for a term of 55 years to life. (People v. Tapia (Dec. 11, 2006, C050402 [nonpub. opn.] (Tapia).) In 2019, California’s Department of Corrections and Rehabilitation (CDCR) sent a letter to the trial court indicating two ways in which the sentence might be incorrect and requesting clarification of the sentence. CDCR advised the court that: (1) there was a discrepancy between the statutory designation of the rape charge as reflected in the abstract of judgment and alleged in the information, and the description of the charge by the court at sentencing; and (2) the One Strike allegation used to increase the sentence on the rape charge was not alleged in the information and not reflected in the abstract of judgment. The trial court found the discrepancy in the statutory designation of the rape charge was a clerical error and ordered the abstract of judg
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