Error and/or relief
the abstract of judgment must be corrected to conform to the trial court’s oral pronouncement striking the section 667.5, subdivision (b) prior, rather than stating, as it currently does, that the enhancement was stayed.
Holding:
The abstract of judgment must be corrected to conform to the oral judgment.
Authority:
People v. Leon (2020) 8 Cal.5th 831, 855 [Any discrepancy between the judgment as orally pronounced and as recorded in the clerk’s minutes or abstract of judgment is presumed to be the result of clerical error.]
People v. Mitchell (2001) 26 Cal.4th 181, 185 [an appellate court may order correction of abstracts of judgment that do not accurately reflect the oral judgments of sentencing courts]