Error and/or relief
The sentencing minute order and the abstract of judgment do not accurately reflect the court’s oral pronouncement of the defendant’s sentence. We direct the court to correct the minute order and the abstract of judgment.
Holding:
The court ordered concurrent sentences for the two counts. The sentencing minute order erroneously states that the sentences on the two counts are consecutive. The minute order overstates the length of the determinate term for the enhancement. The abstract of judgment also fails to indicate the sentence that was pronounced for count 1. The court must correct the minute order and abstract of judgment to conform to the oral pronouncement of judgment.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185