P. v. Duran CA4/1
After entering a no contest plea to felony assault with force likely to cause great bodily injury, Michelle Diaz Duran failed to comply with a term of her plea agreement that required her to appear at her sentencing hearing. Although the parties agreed to a suspended sentence, because Duran failed to appear at the sentencing hearing, the court imposed the upper term of four years in state prison.
On appeal, Duran contends the sentence must be vacated and the matter remanded for resentencing in light of Senate Bill No. 567 (Senate Bill 567), which amended Penal Code section 1170, subdivision (b) to make the middle term the presumptive sentence absent certain circumstances. Duran further contends the minute order and abstract of judgment reflect a conviction for the wrong offense, and she requests the documents be corrected to reflect the conviction is for assault with force likely to cause great bodily injury.
The Attorney General agrees with Duran on both contentions.
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