Error and/or relief
The abstract of judgment misidentifies the statute under which the court sentenced the defendant on count four. The sentence of six years, eight months was pursuant to Penal Code section 12022.53(c), but the abstract of judgment states the sentence was pursuant to subdivision (d) of that section. We will direct the trial court to correct these clerical errors.
Holding:
Appellate courts may order corrections when an abstract of judgment does not accurately reflect the oral judgment of the trial court.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185