Error and/or relief
The abstract of judgment must be modified to reflect a four-year arson enhancement under section 451.1, subdivision (a)(5)—instead of subdivision (a)(1).
Holding:
The abstract reflects that the four-year arson enhancement was imposed under section 451.1(a)(1). The record demonstrates, however, that this enhancement was charged and proven based on appellant’s use of a device designed to accelerate the fire. That enhancement falls within subdivision (a)(5) of that statute. As such, we agree with appellant’s counsel that it is appropriate to order the abstract of judgment amended to reflect the proper subdivision.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185 [courts may correct clerical errors at any time]