Case 000910

Error and/or relief

The abstract prepared following the hearing on the petition to recall the sentence under section 1172.75 does not reflect the court’s order updating the calculation of credit for time served, and it must be corrected accordingly.

Holding:

The abstract of judgment does not reflect defendant’s postsentence credits of more than 5,000 actual days announced by the court during the resentencing hearing. This is a clerical error. Courts may correct clerical errors at any time.

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 185