Error and/or relief
The trial court must correct the minute order to accurately reflect that the defendant was committed under section Welfare and Institutions Code section 6500(c)(3) rather than under section 6500(c)(1) as shown in the minute order.
Holding:
A commitment under WIC 6500(c)(1), as erroneously reflected in the minute order, is for one year. A commitment under WIC 6500(c)(3), as ordered by the court, is for six months. Any variance between the oral pronouncement of judgment and the minute order or abstract of judgment is presumed to be clerical error, and the oral pronouncement controls. Courts have the authority to correct such clerical errors at any time.
Authority:
WIC 6500
People v. Mesa (1975) 14 Cal.3d 466, 471
People v. Mitchell (2001) 26 Cal.4th 181, 186–187