Does the fact that the trial court stated at a sentencing hearing that Griffin had a history of prior residential burglaries constitute reversible error?

California, United States of America


The following excerpt is from People v. Griffin, D077006 (Cal. App. 2021):

11. Griffin notes that, at the sentencing hearing, while the trial court stated at one point that Griffin had "prior residential burglaries," (italics added) in fact he has suffered a single prior burglary adjudication, while a juvenile. Even assuming that Griffin has not forfeited his claim of error based on this statement, the trial court's statement clearly does not constitute reversible error. There is no reasonable probability that the court would have imposed a different sentence if the court had been aware that Griffin had suffered only a single prior juvenile burglary adjudication, given the remainder of his criminal record. (See People v. Osband (1996) 13 Cal.4th 622, 730 [stating that it was "difficult to discern from the record" whether trial court relied on improper factor in sentencing defendant but concluding that "even if error occurred, there is no reasonable probability that a more favorable sentence would have been imposed in the absence of the error"].)

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