Error and/or relief
The abstract of judgment incorrectly indicates that the defendant was convicted under the Three Strikes law, and must be corrected.
Holding:
The clerk of the superior court is directed to prepare an amended abstract of judgment by unchecking the box that the defendant was sentenced under the Three Strikes law.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185 [reviewing courts have the inherent power on appeal to correct clerical errors found in court records, such as may be found in abstracts of judgment, whether on the court’s own motion or upon application of the parties]