Court of Appeal for Ontario

Date: 2019-07-10 Docket: C67141

Judges: Rouleau, Tulloch and Fairburn JJ.A.

Between

Her Majesty the Queen Respondent

and

Oral Carver Lewis Appellant

Counsel

Jennifer Myers, for the appellant Davin Garg, for the respondent

Heard: July 8, 2019

On appeal from: The sentence imposed on March 20, 2019 by Justice K. Corrick of the Superior Court of Justice.

Appeal Book Endorsement

[1] The appellant has abandoned his conviction appeal.

[2] On the sentence appeal, counsel agree that, by error, the trial judge was misinformed as to the amount of pre-sentence custody served by the appellant that was available for credit on the sentence set by the trial judge. It understated the credit he ought to have been given by two months. As a result, leave to appeal sentence is granted and the credit to be given to his three year sentence is fixed at 27.5 months for a net sentence of 8.5 months.