F iled 7/18/ 22 P. v. Cosey CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication

or or dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

CURT LARON COSEY, JR.,

Defendant and Appellant. H049330

(Santa Clara County

Super. Ct. No. C1807 8 27)

M EMORANDUM O PINION 1

Pursuant to a plea agreement, d efendant Curt Laron Cosey, Jr.

, pleaded no contest

to six of the thirteen sexual assault counts alleged against him (count 1 , Penal Code

,

§ 286 , subd. (c) 2 ; count 3

, § 289 , subd. (a)(1); count 4

, § 245 , subd. (a)(1); and count s 10

,

11

, and 12, § 261 , subd. (a)(2) )

. The parties agreed that the remaining counts and the

enhancements alleged would be dismissed at sentencing. At sentencing, the par ties

agreed to dismiss an additional count

. The minute order from the sentencing hearing as

well as the abstract of judgment state that the trial court dismissed these counts and

enhancements as agreed , but the transcript from the sentencing hearing reflects that the

1 We resolve this case by memorandum opinion under California Standards of

Judicial Administration, section 8.1. (See also People v. Garcia (2002) 97 Cal.App.4th

847, 853

- 855.) The facts of the offense are immaterial to this appeal.

2 Further undesignated statutory references are to the Penal Code.2

court did no t do so orally

. The court also imposed a $300 sex offender fine under section

290.3

, plus penalty assessments totaling $930.

On appeal, Cosey raises three arguments, and the Attorney General c oncede s each

of them.

Cosey first contends that his case should be remanded with direction to orally

dismiss the counts and enhancement s on the record as agreed

. When there is a

discrepancy between the oral record and the minute order or abstract of judgment

, the

oral record controls. ( People v. Farell ( 2002) 28 Cal.4th 381, 384

, fn. 2; People v.

Mitchell ( 2001) 26 Cal.4th 181, 185.) Because the trial court’s oral pronouncement of

sentence does not conform to the negotiated disposition , minute order or abstract , we will

reverse the judgment and remand with direction to correct the oral pronouncement of

judgment.

Cosey next argues that this court should remand his case with direction to specify

the amount and statutory basis for each penalty assessme nt i mposed by the trial court

.

Because the trial court’s failure to specify the amount and statutory basis for each penalty

assessment constituted error, w e will also direct the trial court to correct this error on

remand . ( People v. Hartley (2016) 248 Cal.App.4th 620, 636

- 637 .)

Finally, Cosey contends that there are clerical errors in the abstract of judgment.

Except for count 10 , the “year crime committed” listed in the abstract of judgment for

each of Cosey’s convictions is incorrect. The abstract of judgment lists the “ year crime

committed ” for c ount s 1 , 11 and 12 as 2011 , and it lists count 3 as 2010

. The “ year crime

committed ” for counts 1 and 3 should be 2018, for count 11 it should be 2010, and for

count 12 it should be 2009. Ap pellate courts have the inherent power to correct clerical

errors in the abstract of judgment . ( People v. Jones (2012) 54 Cal.4th 1, 89.) On

remand, w e will direct the trial court to correct the abstract of judgment to reflect the

correct “ year crime committed

. ”3 D ISPOSITION

The judgment is reversed. The matter is remanded and the trial court is directed to

(1) correct the oral pronouncement of judgment and dismiss count s 2, 4 , 5, 6, 7, 8, 9, and

13 as well as the enhancements pursuant to the parties’ plea agreement ; (2) specify the

amount and statutory basis for each penalty assessment imposed ; and (3) correct t he

abstract of judgment to correctly list the “ year crime committed ” as 2018 for counts 1 and

3, 2010 for count 11, and 2009 f o r count 12._______________________________ Greenwood, P. J.

WE CONCUR:

______________________________________ Grover, J.

______________________________________ Danner, J.

People v. Cosey

No. H049330