Error and/or relief
The trial court is ordered to amend the abstract of judgment to reflect that a concurrent term was imposed on count 2, that the stayed term on count 3 was a term of two years, and that Section 8, designating the “TOTAL TIME” imposed, is eight years.
Holding:
The abstract of judgment fails to properly reflect that the determinate term punishment for count 2 was ordered to be served concurrently with the indeterminate sentence, and it must be corrected.
(Gary note: The court cited no authority for its correction order, so I have listed some of several cases the court could have cited.)
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