Error and/or relief
The abstract of judgment fails to reflect that the multiple-murder special‑circumstance allegation as to count 2 was vacated.
Holding:
The abstract of judgment must be corrected to reflect that the multiple-murder special‑circumstance allegation as to count 2 was vacated.
[Gary note: The court cited no authority for its order for correction. This opinion was a modification of the opinion I summarized as Case 000302, which was already being remanded for other reasons, including a direction to correct a different problem in the abstract of judgment. Though the court cited no additional authority for the modification for further correction, there are many cases it could have chosen from. I have set forth some of them below.]Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185
People v. Delgado (2008) 43 Cal.4th 1059, 1070
People v. Leon (2020) 8 Cal.5th 831, 855
In re Black (1967) 66 Cal.2d 881, 890
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2