Error and/or relief
The abstract of judgment incorrectly reflects a total additional term of 30 years for the gun enhancements instead of 20 years. The abstract of judgment must be corrected to reflect the trial court’s oral pronouncement.
On remand, we direct the trial court to amend the abstract of judgment to reflect an enhancement of 20 years under section 12022.53, subdivision (c), and a stayed term under section 12022.53(b).
Holding:
The trial court’s oral pronouncement of sentence is inconsistent with the judgment recorded: it imposed and stayed a 10-year term for the section 12022.53(b) enhancement, but the abstract of judgment imposed the term along with the 20-year term under section 12022.53(c).
When an abstract of judgment does not reflect the actual sentence imposed in the trial judge’s verbal pronouncement, we have the inherent power to correct such clerical error on appeal. We accordingly order that the abstract of judgment be corrected to conform with the sentence that the trial court actually imposed.
Authority:
People v. Jones (2012) 54 Cal.4th 1, 89