Jun. 14, 2023 – People v. Farias (3rd Dist., C094195)

The Court of Appeal vacates defendants’ strike sentences upon finding no indication in the record that the trial court actually made strike findings at a bifurcated bench trial at which no parties were present. The court vacates the strike sentences “without prejudice as to the trial court’s ability to correct the judgment if the omission is shown to be purely a clerical error.” The court also specifies that on remand that trial court must consider whether one defendant’s prior conviction under PC 186.22(a) still qualifies as a strike under PC 186.22(a) as amended by AB 333.