Error and/or relief
The trial court, at resentencing, orally awarded the defendant credit for time served from his arrest to the date of resentencing, but those credits do not appear on the abstract of judgment. The abstract must be corrected.
First Holding:
[GARY Note: The court cited no authority for ordering that the abstract of judgment be corrected (probably because it is so obvious), but there is much authority that it could have cited, such as what I’ve laid out below.]Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185 [courts may correct clerical errors at any time
People v. Gobert (2023) 89 Cal.App.5th 676, 689
People v. Scott (2012) 203 Cal.App.4th 1303, 1324
People v. Clark (2021) 67 Cal.App.5th 248, 260–261
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