Error and/or relief
The sentencing minute order cites the statute for the firearm enhancement as section 12022.53(d), instead of section 12022.5(a). On remand, the trial court is therefore instructed to correct the sentencing minute order nunc pro tunc.
Holding:
The sentencing minute order from January 7, 2025 contains the same error contained in the original abstract of judgment, i.e., the statute for the firearm enhancement is cited as section 12022.53(d), instead of section 12022.5(a). While the abstract of judgment was subsequently corrected, there is nothing to indicate in the record that the sentencing minute order was also corrected. On remand, the trial court is therefore instructed to correct the sentencing minute order nunc pro tunc.
(Gary note: The court does not cite its authority to order correction of the minutes, likely because it’s so obvious, not to mention that it apparently had previously spotted the same error in the abstract of judgment and ordered its correction. For your convenience, I have listed a nonexclusive list of cases that the court could have chosen its authority from.)
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185
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