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Name: People v. Mora
Case #: D039073
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/17/2002
Subsequent History: None

Appellant was sentenced to 14 years, four months in prison, including a one year term for dissuading a witness. The Department of Corrections then advised the trial court that a full three year consecutive sentence was provided for that offense. The trial court amended the abstract of judgment ex parte to add an additional two years. Mora contended on appeal that amending the abstract of judgment in his absence was error and the sentence increase violated double jeopardy. The appellate court here remanded for resentencing. Resentencing in Mora’s absence was error. The court, however, declined to consider the double jeopardy issue absend a full record of the proceedings on remand.