Error and/or relief
The abstract of judgment inaccurately reflects that the two convictions for forcible rape when Doe was not a minor were for rape by force upon child. In addition, the abstract does not specify the year that each count of forcible rape was committed but instead gives the length of the term imposed. The trial court shall amend the abstract to correct these errors.
Holding:
[GARY NOTE: The court did not cite any authority, likely because this error so obviously needs corrections. The appellate court even has authority to make the corrections itself. Based solely on unsupported speculation, I assume that this court chose to remand the matter to the superior court for correction because the trial court is normally set up to prepare abstracts of judgment and to send them to the Department of Corrections and Rehabilitation. Regardless of the reason, there is authority supporting correction of the record, some examples of which I have set forth.]Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185
People v. Delgado (2008) 43 Cal.4th 1059, 1070
People v. Leon (2020) 8 Cal.5th 831, 855
In re Black (1967) 66 Cal.2d 881, 890
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2