Case: 000100

Error and/or relief

The abstract of judgment must be modified to reflect the court’s oral pronouncement of judgment. The abstract of judgment as it relates to the sentence should be corrected to reflect that counts 2 and 4 were stayed.

Holding:

When an abstract of judgment does not reflect the actual sentence imposed in the trial judge’s verbal pronouncement, this court has the inherent power to correct such clerical error on appeal, whether on our own motion or upon application of the parties.

Authority:

People v. Jones (2012) 54 Cal.4th 1, 89