Error and/or relief
The abstracts of judgment (including the abstract of the determinate sentence and the indeterminate sentence) incorrectly state that Defendant was convicted by the court. The clerk is directed to amend both abstracts of judgment so that they correctly reflect that Defendant was convicted by jury.
Holding:
The abstract of judgment constitutes the commitment and is the order sending the defendant to prison, and the process and authority for carrying the judgment and sentence into effect; no other warrant or authority is necessary to justify or require its execution. It goes without saying that accuracy is essential in a document that prescribes the execution of sentence and is provided to Criminal Investigation and Identification. This court has the authority to correct clerical errors at any time.
Authority:
PEN 1213
People v. Mitchell (2001) 26 Cal.4th 181, 185-187
In re Black (1967) 66 Cal.2d 881, 890