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People v. Leung4/9/1992
ose concurrent rather than consecutive terms and the court's decision to impose consecutive terms was properly supported by the circumstance that the crimes involved multiple victims, consecutive sentences were properly imposed.
D. Clerical Errors
Defendants point out that the abstracts of judgment incorrectly reflect that they were convicted of first degree rather than second degree robberies and attempted robberies. The jury found defendants guilty of second degree offenses. We therefore order the trial court to correct the abstracts of judgment to reflect that defendants were convicted of second degree robberies and attempted robberies.
Defendant David Leung asserts that he was granted fewer custody credits than he was entitled to. The Attorney General concedes that the abstract of judgment should be corrected. We therefore order the trial court to determine the correct number of custody credits to which defendant David Leung was entitled and to then amend the abstract of judgment to reflect the correct amount of custody credit.
E. Denial of Request for JRAD
Defendant Michael Chan requested that the trial court make a judicial recommendation against deportation (JRAD). The court declined to
do so. Defendant now asserts that in doing so the trial court abused its discretion. The federal statute authorizing the issuance of JRAD's was repealed on November 29, 1990. (See 8 U.S.C. § 1251(b).) The law repealing the statute provided that it was applicable "to convictions entered before, on, or after [November 29, 1990]." (Pub.L. No. 101-649 (Nov. 29, 1990) § 505(b), 101 Stat. 5050.) Defendant was sentenced on November 21, 1990. Thus, even if we were to determine that the trial court abused its discretion in failing to issue a JRAD, a remand would be pointless since courts are no longer authorized to issue JRAD's. In U.S. v. Murphey (9th Cir. 1991) 931 F.2d 606, the Ninth Circuit determined that the repeal by Congress of the statutory authority for issuance of JRAD's rendered moot the issue of the propriety of a denial of a JRAD motion. We agree and therefore deem the issue moot.
Conclusion
The judgments are affirmed. The abstracts of judgment are ordered modified by the trial court to reflect second degree robbery and attempted robbery convictions. The trial court is ordered to determine the number of days of custody credit to which David Leung is entitled and to amend David Leung's abstract of judgment to so reflect.
Elia, J., concurred.
Disposition
The judgments are affirmed. The abstracts of judgment are ordered modified by the trial court to reflect second degree robbery and attempted robbery convictions. The trial court is ordered to determine the number of days of custody credit to which David Leung is entitled and to amend David Leung's abstract of judgment to so reflect.
Concurring.
I concur in the majority opinion in all respects, with the exception that under Discussion, section A, subtitled "Challenge to Code of Civil Procedure section 223," I concur in the result only. I would base my holding on the reasoning expressed in People v. Boulerice, ante, page 463 [7Cal. Rptr. 2d 279], filed simultaneously with this opinion.
Appellants' petition for review by the Supreme Court was denied June 18, 1992.
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