What is the basis for an appeal against a conviction for burglary?

California, United States of America


The following excerpt is from People v. Rachal, B276533 (Cal. App. 2017):

The only issue raised by defendant in this appeal is a challenge to his conviction on count 1, burglary. The reporter's transcript makes clear that this conviction was dismissed, although this is not reflected in the minute order from the sentencing hearing. "Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls." (People v. Zackery (2007) 147 Cal.App.4th 380, 385.) Thus, irrespective of the minute order, count 1 has been dismissed. Because defendant does not otherwise challenge his convictions or sentence, there is no basis for this appeal.

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