Error and/or relief
The abstract of judgment must be corrected to reflect the correct section the defendant was convicted of.
Holding:
The abstract of judgment erroneously lists count 11 as subdivision (b)(2) rather than subdivision (a)(2) of section 136.1. We direct the clerk of the superior court to issue a corrected abstract.
(Gary note: The court did not cite any authority for the principle that the appellate court may order correction of the abstract of judgment, but there are many cases the court could have cited. I have set forth some for your convenience.)
Authority:
People v. Scott (2012) 203 Cal.App.4th 1303, 1324
People v. Mitchell (2001) 26 Cal.4th 181, 185
People v. Zackery (2007) 147 Cal.App.4th 380, 387–388
People v. Gobert (2023) 89 Cal.App.5th 676, 689
People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2