People v. Lewis CA3
CourtCalifornia Court of Appeal
Date FiledOctober 30, 2026
DocketC104618
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Filed 10/30/26 P. v. Lewis CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Amador)
THE PEOPLE, C104618
Plaintiff and Respondent,
(Super. Ct. No. 22CR31862)
v.
DARONTA TYRONE LEWIS,
Defendant and Appellant.
Appointed counsel for defendant Daronta Tyrone Lewis asked this court to review
the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have done so and find
no arguable error. There is a discrepancy between the oral pronouncement of judgment
and the clerk’s minutes and abstract of judgment, however. We order the trial court to
correct the minutes and abstract to conform to the judgment.
BACKGROUND
In July 2021, while Lewis was incarcerated at Mule Creek State Prison, a
correctional officer observed him covering the window of his cell with pieces of paper.
The officer asked him to stop, but Lewis ignored the request. When the officer entered
the cell to remove the paper, Lewis approached him and spat in his face.
The People charged Lewis with one count of gassing an officer (Pen. Code,
§ 4501.1, subd. (a)) and alleged a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12,
1
subds. (a)-(d)).1 The People also alleged two circumstances in aggravation under
California Rules of Court, rule 4.421.
Lewis pleaded guilty, pursuant to People v. West (1970) 3 Cal.3d 595, to gassing
an officer. The parties’ plea agreement provided that he would be sentenced to three
years in prison, with execution of the sentence suspended, and three years’ formal
probation, with Lewis waiving his right to the two-year probation term limit under
Assembly Bill No. 1950 (2019-2020 Reg. Sess.).
In October 2023, the trial court sentenced Lewis according to the terms of the plea
agreement and placed him on three years of formal probation. The court imposed a
$300 restitution fine (§ 1202.4), a $40 court operations fee (§ 1465.8), a $30 criminal
conviction fee (Gov. Code, § 70373, subd. (a)(1)), and a $300 probation revocation fine,
stayed pending successful completion of probation (§ 1202.44).
On January 5, 2024, a probation officer filed a petition to revoke Lewis’s
probation based on his failure to obey all laws. The petition alleged that Lewis had
committed several offenses in Solano County, including robbery (§ 211); false
imprisonment (§ 236); destroying, erasing, or concealing evidence (§ 135); evading a
police officer (Veh. Code, § 2800.2); and receiving stolen property (§ 496, subd. (a)). He
was later convicted of two of those offenses (robbery and evading a peace officer) and
sentenced to an aggregate term of seven years four months.
At the probation violation hearing, Lewis waived his right to a hearing and
admitted violating the terms of his probation. The trial court revoked his probation and
imposed one-third the middle term of his three-year suspended sentence. The court
ordered that the sentence be served consecutively to his sentence for robbery and evading
a peace officer for a total sentence of eight years four months.
1 Undesignated statutory references are to the Penal Code.
2
Lewis timely appealed.
DISCUSSION
Lewis’s appointed counsel asks this court to conduct an independent review of the
record under People v. Wende, supra, 25 Cal.3d 436. Counsel advised Lewis of his right
to file a supplemental brief; Lewis did not file such a brief. We have reviewed the entire
record and find no arguable error on appeal.
We have, however, identified two discrepancies between the trial court’s oral
pronouncement of judgment and the clerk’s minutes and abstract of judgment. Both the
minutes and the abstract of judgment state that, when sentencing Lewis on the probation
violation, the trial court imposed and suspended a $300 parole revocation fine under
section 1202.45 and lifted the stay on the $300 probation revocation fine under
section 1202.44. The court, however, did not orally impose either fine.2 When there is a
discrepancy between the oral pronouncement of judgment and the abstract of judgment or
the clerk’s minutes, the oral pronouncement controls. (People v. Mitchell (2001)
26 Cal.4th 181, 185-186; People v. Zackery (2007) 147 Cal.App.4th 380, 385.)
Accordingly, we order the trial court to correct the minutes and abstract of judgment to
conform to the oral pronouncement of judgment.
2 To the extent that the fine under section 1202.45 is mandatory, the People have not
asked us in this appeal under People v. Wende to correct as unauthorized the trial court’s
failure to impose the fine.
3
DISPOSITION
The judgment is affirmed. The trial court is directed to correct the clerk’s minutes
and prepare a corrected abstract of judgment and forward a certified copy to the
Department of Corrections and Rehabilitation.
/s/
FEINBERG, J.
We concur:
/s/
ROBIE, Acting P. J.
/s/
KRAUSE, J.
4