Error and/or relief
The abstract of judgment must be corrected in two respects: First, the abstract of judgment states the trial court imposed a five-year sentence for the section 12022(a)(1) firearm enhancement. But the jury was not asked to, and did not, find that the defendant was armed with a firearm in the commission of the robbery. Second, the abstract of judgment states the trial court imposed a five-year sentence for the count 2 robbery conviction. But at the oral pronouncement of sentence, the court doubled that term to 10 years because of the prior strike.
First Holding:
An appellate court has inherent power to correct clerical errors in its records to reflect the true facts, including the oral judgments of judicial officers. We agree such correction of the record is appropriate. The abstract of judgment must be amended to reflect a firearm enhancement was never imposed on the count 2 robbery and the sentence on that count is 10 years.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 186–187