Case 001008

Error and/or relief

The abstract of judgment does not accurately reflect the sentence that was imposed, and must be corrected.

Holding:

The abstract of judgment reflects the a different term of imprisonment than was imposed by the court, and must be corrected.

(Gary note: The court cited no authority for its order to correct the abstract. I have listed some cases that affirm that the appellate court has the authority.)

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