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The People v. Terry Alan Mcleod

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Nevada)


December 20, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
TERRY ALAN MCLEOD, DEFENDANT AND APPELLANT.

(Super. Ct. No. SF10-003)

The opinion of the court was delivered by: Blease , Acting P. J.

P. v. McLeod

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436.*fn1 Having reviewed the record as required by Wende, we affirm the judgment.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

On January 2, 2010, defendant Terry Alan McLeod and his cohort entered into a residence wearing masks, carrying guns, and posing as police officers. They restrained and robbed four individuals and then fled in a vehicle. One of the victims freed himself of the restraints and pursued the robbers. During the high speed pursuit, defendant, the passenger, shot at him several times. The pursuing victim rammed the robbers' vehicle, causing the driver to lose control, go off the road and collide with a group of trees. The driver, defendant's cohort, was killed. Defendant was extracted from the vehicle and air lifted to the hospital for treatment.

Defendant was charged with felony murder (Pen. Code, § 187),*fn2 two counts of home invasion robbery (§§ 211, 213, subd. (a)(1)(A)), two counts of home invasion robbery with personal use of a firearm (§§ 211, 213, subd. (a)(1)(A), 12022.5, subd. (a)), first degree burglary (§§ 459, 667.5), two counts of false imprisonment by violence(§ 236), and involuntary manslaughter (§ 192, subd. (b)). Defendant pled no contest to four counts of robbery and one count of involuntary manslaughter. He also admitted he personally used a firearm with respect to two of the robbery counts. In exchange for his plea, the remainder of the information was dismissed and it was stipulated he would receive a prison term of 20 years.

In accordance with the plea agreement, the trial court sentenced defendant to 20 years as follows: the upper term of 6 years for one robbery plus 10 years for the attached gun use enhancement; a consecutive one-third the middle term, or 16 months, each for two of the other robbery counts, plus one one-third the middle term, or 16 months, for the remaining gun use enhancement; a concurrent 48-month term for one robbery count; and a concurrent 36 months for the involuntary manslaughter count. The trial court also ordered various fines and fees and awarded defendant with 455 days of presentence custody credit.

Defendant appeals. He did not obtain a certificate of probable cause. (§ 1237.5.)

Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

We do, however, note an omission from the abstract of judgment. The trial court ordered defendant pay $500 for the cost of the pre-sentence report, stayed until victim restitution is paid in full. The abstract of judgment fails to reflect this order and must be corrected accordingly. (See People v. Sanchez (1998) 64 Cal.App.4th 1329, 1331 ["the abstract must digest the judgment"].)*fn3

DISPOSITION

The judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment reflecting the order that defendant pay $500 for the cost of the pre-sentence report, stayed until victim restitution is paid in full, and forward a certified copy of the amended abstract of judgment to the Department of Corrections and Rehabilitation.

We concur: HULL , J. MAURO , J.


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