Error and/or relief
The abstract of judgment states that the defendant was sentenced to prison per “PC 1170(a) or 1170(h)(3) due to current or prior serious or violent felony.” The defendant has not committed a serious or violent felony.
Holding:
(Gary note: there was very little discussion by the court. It noted that the abstract was incorrect, because the defendant’s conviction did not qualify as a serious or violent felony. The court sought input from the parties, and the parties agreed that the abstract was wrong and needed to be corrected. The court so ordered. The court cited no authority for the correction of the abstract, so I have listed some of the cases that the court could have cited had it felt it necessary to cite authority to do what the parties both agreed needed to be done.)
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