People v. Ornelas

Opinion

GILBERT, P. J.

A defendant and his counsel appear in court for sentencing. The court inadvertently omits to ask whether there is any legal cause not to pronounce sentence. Defendant does not object. Here we hold that reversal of the judgment is not required absent a showing of prejudice.

FACTS

On August 2, 2004, Ornelas drove several Eastside gang members to the west side of Santa Barbara. Prior to leaving, Ornelas directed his passengers to leave their tire irons in the trunk of his Lincoln Town Car. When Ornelas drove by a market, he saw Alejandro M. and Brian R., Westside gang members,…