Error and/or relief
The abstract of judgment incorrectly reflects a $120 court security fee and a $160 criminal conviction fee, instead of the $40 and $30 ordered by the court in its oral pronouncement. Further, on the attempted murder charge, the abstract must delete the reference to “First Degree,” because attempted murder is not separated into degrees. THe abstract of judgment must be corrected.
Holding:
The abstract of judgment constitutes the commitment and is the order sending the defendant to prison, and the process and authority for carrying the judgment and sentence into effect; no other warrant or authority is necessary to justify or require its execution. Accuracy is essential in a document that prescribes the execution of sentence and is provided to Criminal Investigation and Identification.
This court has the authority to correct clerical errors at any time.
Authority:
PEN 1213
People v. Mitchell (2001) 26 Cal.4th 181, 185-187
In re Black (1967) 66 Cal.2d 881, 890