Case 000575

Error and/or relief

The abstract of judgment erroneously indicates that the defendant was sentenced to a term of imprisonment of lifife without the possibility of parole (LWOP). It must be corrected to reflect the actual sentence imposed by the court, which did not include LWOP.

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