Error and/or relief
We agree with the parties that the nunc pro tunc minute order dated [Date B], incorrectly reflects that on [earlier Date A], the defendant was resentenced pursuant to sections 1172.7 and 1172.75, and must be corrected to reflect that the defendant was resentenced pursuant to section 1170. The matter is remanded for the trial court to correct the nunc pro tunc minute order dated [Date B], to reflect that on [earlier Date A], the defendant was resentenced pursuant to section 1170.
Holding:
The minute order must be corrected.
[GARY NOTE: No authority was cited, but there is certainly authority, such as those I have listed below.]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