Case 000834

Error and/or relief

Although the jury convicted the defendant of shooting at an occupied motor vehicle for count 4, the determinate abstract of judgment incorrectly states he was convicted of shooting at a dwelling on this count. The trial court must modify the abstract of judgment to correctly reflect the defendant’s conviction on count 4 for shooting at an occupied motor vehicle.

Holding:

We may correct clerical errors in the abstract of judgment at any time on our own motion or upon the application of the parties.

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 186–187