Narrative Opinion Summary
Cordero Kyle Beck appeals his convictions for aggravated robbery and engaging in organized criminal activity, both resulting in a thirty-year prison sentence served concurrently. He raises two issues regarding inaccuracies in the trial court's judgments. First, he contends the judgments incorrectly state the terms of a plea bargain, whereas he entered an open plea. The court agrees and modifies the judgments to reflect the open plea status. Second, Beck argues that the written judgments erroneously impose a restitution requirement labeled "To Be Determined," despite the trial court not mentioning restitution during sentencing and no evidence supporting a restitution amount. The court sustains this issue as well, deleting the restitution reference from the judgments. The court modifies the trial court’s judgments to accurately depict the plea type and removes the restitution requirement, affirming the modified judgments.
Legal Issues Addressed
Correction of Judgment for Plea Agreement Inaccuracysubscribe to see similar legal issues
Application: The court addressed the discrepancy in the trial court's judgment that inaccurately reflected a plea bargain when an open plea was entered.
Reasoning: First, he contends the judgments incorrectly state the terms of a plea bargain, whereas he entered an open plea. The court agrees and modifies the judgments to reflect the open plea status.
Modification of Judgment to Reflect Accurate Sentencingsubscribe to see similar legal issues
Application: The court modified the trial court’s judgments to accurately reflect the plea type and removed the erroneous restitution requirement.
Reasoning: The court modifies the trial court’s judgments to accurately depict the plea type and removes the restitution requirement, affirming the modified judgments.
Restitution Requirement in Sentencingsubscribe to see similar legal issues
Application: The court found that the trial court's judgment erroneously included a restitution requirement when it was neither mentioned during sentencing nor supported by evidence.
Reasoning: Second, Beck argues that the written judgments erroneously impose a restitution requirement labeled 'To Be Determined,' despite the trial court not mentioning restitution during sentencing and no evidence supporting a restitution amount.