Error and/or relief
The abstract of judgment must be correct to reflect the crime of which the defendant was convicted.
Holding:
The abstract of judgment states, correctly, that the defendant was convicted of violating section 236, but it incorrectly describes this crime as kidnapping for ransom resulting in bodily harm or death. Section 236 actually refers to the crime of false imprisonment, and it was this offense for which the defendant was convicted. An abstract of judgment is not the judgment of conviction, and it is important for courts to correct elements of an abstract of judgment that differ from the court’s oral judgment.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185