PEOPLE v. GALINDO, F061930. (2012)
Court: Court of Appeals of California
Number: incaco20120124065
Visitors: 10
Filed: Jan. 24, 2012
Latest Update: Jan. 24, 2012
Summary: NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS OPINION THE COURT * Appellant Joshua Galindo pled no contest to a charge of possession of methamphetamine for sale (Health & Saf. Code, 11378). The court placed appellant on probation for three years, ordered him to serve 90 days in jail, perform 120 volunteer hours if he did not have a job within six months of custody release, and granted him five days of custody credit and four days of conduct credit. Unfortunately, the minute order states tha
Summary: NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS OPINION THE COURT * Appellant Joshua Galindo pled no contest to a charge of possession of methamphetamine for sale (Health & Saf. Code, 11378). The court placed appellant on probation for three years, ordered him to serve 90 days in jail, perform 120 volunteer hours if he did not have a job within six months of custody release, and granted him five days of custody credit and four days of conduct credit. Unfortunately, the minute order states that..
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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
OPINION
THE COURT*
Appellant Joshua Galindo pled no contest to a charge of possession of methamphetamine for sale (Health & Saf. Code, § 11378). The court placed appellant on probation for three years, ordered him to serve 90 days in jail, perform 120 volunteer hours if he did not have a job within six months of custody release, and granted him five days of custody credit and four days of conduct credit. Unfortunately, the minute order states that appellant "shall participate in 120 hours volunteer service under the direction of the Probation Officer. To be completed [within] 6 mo[nth]s of register." This minute order is in error, as respondent concedes, because it fails to mention that the community service requirement applies only if appellant does not have employment within six months of his release from custody. Appellant's sole request on appeal is that the minute order be corrected to reflect the oral pronouncement of judgment. This court and respondent agree.
DISPOSITION
The case is remanded to the trial court with directions that the minute order be corrected to reflect that as a condition of probation, appellant must perform 120 hours of volunteer service only if he is unable to secure employment within six months of his release from custody. The judgment is otherwise affirmed.
FootNotes
* Before Levy, Acting P.J., Kane, J. and Franson, J.
Source: Leagle
