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The People v. Joshua W. Blocker

June 26, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JOSHUA W. BLOCKER, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F08893)

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

P. v. Blocker

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Joshua W. Blocker pled no contest to eight counts of second degree robbery and admitted strike, serious felony, and personal use of a deadly weapon allegations. The trial court sentenced defendant to a stipulated term of 30 years in state prison.

On appeal, defendant contends the abstract of judgment contains an erroneous reference to a restitution order that was not part of the trial court's pronouncement of judgment. We remand for a restitution hearing.

FACTS

On October 12, 2008, defendant used a BB gun to take $300 from the clerk at an Express Stop market in Sacramento. That same day, he took $229 and cigarettes from a Chevron station after threatening to shoot the attendant.

Defendant committed two robberies on October 13, 2008. He threatened an employee of a Shell gas station, who gave him $280 from the cash register and 12 packs of cigarettes. He threatened an employee at a Sacramento Stop & Shop, who gave him between $200 and $300 from the cash register.

Defendant committed four robberies on October 15, 2008. He took $621.56 from the cash register attendant at a Union 76 station in Sacramento. He demanded money from an employee at a Sacramento Valero station, who gave him $350 from the cash register. Defendant threatened an employee at a Sacramento Food Stop, and got $80 from the cash register and $90 of the employee's money. Defendant threatened an employee of an Mini Mart in Sacramento, who gave defendant $200 and two Swisher cigars.

DISCUSSION

The probation report identified a total of $1,944.50 in restitution for the victims of defendant's crimes. The abstract of judgment and minute order refer to a $1,944.50 restitution order, but the trial court never addressed restitution when it pronounced sentence.

Defendant asks us to strike the victim restitution orders. The People agree that the minute order and abstract are improper, but ask us to remand the matter to the trial court for a restitution hearing. In his reply brief, defendant asserts that the People's failure to request ...


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