Error and/or relief
The abstract of judgment must be corrected to reflect that the defendant has not been convicted of a serious or violent felony.
Holding:
As counsel notes, the abstract of judgment incorrectly reflects that the defendant was convicted of a serious or violent felony. No such conviction appears in the record. The trial court shall prepare a corrected abstract of judgment not indicating the defendant was convicted of a serious or violent felony.
[Gary note: The court included no citation of authority, but the law is clear that an incorrect abstract of judgment must be corrected to reflect the actual judgment. I have included some cases the court could have cited.]Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Scott (2012) 203 Cal.App.4th 1303, 1324
People v. Caudillo (1980) 101 Cal.App.3d 122, 126