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PEOPLE v. BORJA

No. D038113.

115 Cal.Rptr.2d 728 (2002)

95 Cal.App.4th 481

The PEOPLE, Plaintiff and Appellant, v. Roberto Burgos BORJA, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

January 23, 2002.

Attorney(s) appearing for the Case

Paul J. Pfingst, District Attorney, Thomas F. McArdle and Josephine A. Kiernan, Deputy District Attorneys, for Plaintiff and Appellant.

Christopher Blake, under appointment by the Court of Appeal, San Diego, for Defendant and Respondent.

KREMER, P.J.

The People appeal a nunc pro tunc order to June 1994 reducing the sentence imposed on Roberto Burgos Borja as a condition of probation from 365 to 364 days. The People contend the court acted in excess of jurisdiction because Borja's probation term had expired nearly two years earlier, there was no clerical mistake justifying a nunc pro tunc order, Borja did not raise grounds justifying the modification, and the order interfered with another order made...

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