Error and/or relief
The abstract of judgment does not accurately reflect the defendant’s sentence and must be corrected.
Holding:
The abstract of judgment transposes the sentences for the underlying crime and the enhancement, and must be corrected. If the minutes or abstract of judgment fails to reflect the judgment pronounced by the court, the error is clerical, and the record can be corrected at any time to make it reflect the true facts.
Courts may correct clerical errors at any time, and appellate courts that have properly assumed jurisdiction of cases have ordered correction of abstracts of judgment that did not accurately reflect the oral judgments of sentencing courts.
Authority:
People v. Humphrey (2020) 44 Cal.App.5th 371, 379
People v. Mitchell (2001) 26 Cal.4th 181, 185