Error and/or relief
There are errors in the abstract of judgment that must be corrected.
Holding:
The abstract of judgment includes an “x” in boxes 6(b) and 6(d), which appear to have been checked in an attempt to reflect the sentence of 25 years to life on the firearm enhancement imposed under section 12022.53(d). But boxes 6(b) and 6(d) are intended to reflect indeterminate sentences imposed on crimes, not enhancements, and the sentence for the firearm enhancement is reflected in the “Enhancements” section of the abstract of judgment.
The abstract of judgment reflects that a $1,000 restitution fine was imposed in “Case B.” The trial court imposed a $1,000 restitution fine under section 1202.4(b), which is reflected on the abstract of judgment, but there is no “Case B” here.
The abstract of judgment does not reflect that the trial court imposed a suspended $1,000 parole revocation fine.
The trial court is directed to correct these errors.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185 [appellate courts may order correction of abstracts of judgment that did not accurately reflect the oral judgments of sentencing courts]