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PEOPLE v. GISBERT

No. G045619.

205 Cal.App.4th 277 (2012)

140 Cal. Rptr. 3d 255

THE PEOPLE, Plaintiff and Respondent, v. RENE GISBERT, Defendant and Appellant.

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

April 9, 2012.

Attorney(s) appearing for the Case

Frank Ospino , Interim Public Defender, Mark Brown , Assistant Public Defender, and Matthew Missakian , Deputy Public Defender, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Melissa Mandel and Alana Cohen Butler , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FYBEL, J.—

INTRODUCTION

The trial court awarded defendant Rene Gisbert 88 days of presentence custody credits after defendant pled guilty to second degree vehicle burglary. The court later granted the prosecution's motion to vacate the credits, and defendant appeals from that postjudgment order.

The trial court had jurisdiction to entertain the prosecution's motion because an unauthorized sentence may be corrected...

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