Tag Archives: Enhancements

Abstracts and Minutes, Discretion, Duty of the court, Sentencing

Case: 000220

Posted on by Gary McCurdy

Error and/or relief

The defendant must be resentenced in light of enhancement-related errors and that the minute order from the bench trial on the defendant’s prior convictions requires correction. Therefore, we remand for resentencing and direct the minute order to be corrected.

First Holding:

Several of the errors raised involve the trial court’s exercise of discretion and were forfeited by the defendant’s failure to object below. Nonetheless, we have doubts about whether the trial court in fact exercised its discretion in failing to impose certain enhancements and making other sentencing choices, especially given discrepancies between the court’s tentative sentences and its final sentences. There also appears to be at least one error resulting in an unauthorized sentence that the parties do not raise. Under these circumstances, we find it appropriate to remand for both defendants to be fully resentenced so that the court can ensure the sentences reflect its intent in accordance with the law.

Authority:

People v. McCullough (2013) 56 Cal.4th 589, 594

In re G.C. (2020) 8 Cal.5th 1119, 1130

Second Holding:

Weapon enhancements must be either imposed consecutively or stricken. Such an enhancement cannot be imposed concurrently.

Authority:

PEN 1385

PEN 12022

Third Holding:

Unless stricken, prior-serious-felony and prior-prison-term enhancements are added once to each count on which an indeterminate term is imposed and once for the combined counts on which an aggregate determinate term has been imposed.

Authority:

People v. Tua (2018) 18 Cal.App.5th 1136, 1141

People v. Minifie (2018) 22 Cal.App.5th 1256, 1260

Fourth Holding:

A sentencing court may not impose terms for both a prior-serious-felony enhancement and a prior-prison-term enhancement that are based on the same underlying conviction.

Authority:

People v. Scully (2021) 11 Cal.5th 542, 612

Fifth Holding:

If a prior-conviction enhancement or punishment for it is stricken in the interest of justice, the enhancement should not also be imposed and stayed under section 654.

Authority:

People v. Tang (2025) 109 Cal.App.5th 1003, 1008–1009

Sixth Holding:

The trial court should ensure that it sufficiently explains its discretionary sentencing choices on the record.

Authority:

Rules of Court, rule 4.406

Seventh Holding:

There were several errors in the minute order that must be corrected.

[Gary note: The court did not cite any authority for its directive that the abstract be corrected, but the law is very clear that it has that authority. I have cited some cases that the court could have relied on.]

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

Amelioration, Elements of crime, Retroactivity, Sentencing

Case: 000214

Posted on by Gary McCurdy

Error and/or relief

After the defendant was convicted, but before the judgment became final, AB 333 was enacted, and its application in defendant’s case. We vacate the gang enhancement allegation findings under section 186.22(b), and remand the matter to the trial court to permit the People to elect to retry the gang enhancements or, if the People do not so elect, for the trial court to proceed with resentencing petitioner in conformance with this opinion.

Holding:

AB 333 made substantial changes to the elements of criminal gang activity. These changes apply retroactively to all cases not yet final on the effective date of AB 333, January 1, 2022. A defendant is entitled to relief under AB 333 if an appellate court affirmed the judgment, but sentencing issues were pending upon remand as of its effective date.

Authority:

People v. Tran (2022) 13 Cal.5th 1169, 1206–1207

People v. Lopez (2025) 17 Cal.5th 388

Amelioration, Discretion, Sentencing, Standard of review

Case: 000210

Posted on by Gary McCurdy

Error and/or relief

We vacate defendant’s sentence and remand for full resentencing. The trial court abused its discretion when declining to fully strike the firearm enhancement or strike it and impose a lesser firearm enhancement. The trial court errantly focused only on the defendant’s past and present danger to public safety, and not whether striking the enhancement would endanger public safety in the future. The trial court erred in deciding whether striking the enhancement would endanger public safety because, as the record of the sentencing hearing indicates, it focused solely on defendant’s past conduct and the circumstances of the murder. In the context of section 1385, the key question is forward looking—whether striking the enhancement would likely endanger public safety. Thus, even if the trial court struck the enhancement, the defendant would still be serving an indeterminate 15-to-life term with parole eligibility subject to the Parole Board and Governor’s review. The trial court must consider this future-looking issue for purposes of public safety.

First Holding:

A trial court’s decision not to dismiss an enhancement pursuant to section 1385 is reviewed for abuse of discretion. An abuse of discretion arises if the trial court based its decision on impermissible factors or on an incorrect legal standard. A court acting while unaware of the scope of its discretion is understood to have abused it.

Authority:

People v. Mendoza (2023) 88 Cal.App.5th 287, 298

People v. Gonzalez (2024) 103 Cal.App.5th 215, 225

People v. Tirado (2022) 12 Cal.5th 688, 694 [reminding that a defendant is entitled to sentencing decisions made by a court exercising informed discretion]

Second Holding:

Effective January 1, 2022,Penal Code section 1385 was amended to specify factors that the trial court must consider when deciding whether to strike enhancements from a defendant’s sentence in the interest of justice. It reads, in part, “Notwithstanding any other law, the court shall dismiss an enhancement if it is in the furtherance of justice to do so …. In exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the mitigating circumstances in subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. Endanger public safety means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others.” Subparagraphs (A) to (I) list nine distinct mitigating circumstances, including, as is relevant here, subparagraph (C) where the application of an enhancement could result in a sentence of over 20 years. Subparagraph (C) states in this instance, the enhancement shall be dismissed.

Authority:

PEN 1385

People v. Sek (2022) 74 Cal.App.5th 657, 674

Third Holding:

Although the current dangerousness of the defendant is an appropriate factor to consider, as it will have some bearing on whether dismissing the enhancement would endanger the public, a crucial part of the inquiry is how the dismissal of the enhancement will impact the length of the defendant’s sentence. For a defendant facing a lengthy indeterminate sentence, the inquiry should also take into account that the defendant’s release from prison is contingent on review by the Board of Parole Hearings (and for murder convictions, by the Governor), who will have the opportunity to assess the defendant’s dangerousness at that time. This future review will act as a safety valve against a release that would endanger the public and is relevant to a trial court’s analysis of whether the dismissal of an enhancement imposed on a defendant serving an indeterminate prison term will endanger public safety.

Authority:

People v. Gonzalez (2024) 103 Cal.App.5th 215, 228

 

Amelioration, Duty of the court, Fifth Amendment, Retroactivity, Sentencing, Standard of review

Case: 000206

Posted on by Gary McCurdy

Error and/or relief

The true findings on the gang enhancements and gang-related firearm enhancements are vacated. The sentence is vacated, and the case is remanded. On remand, the People may retry the enhancement allegations under the law as amended by AB 333. If the People do not retry the enhancements, or at the conclusion of a retrial, the trial court shall conduct a full resentencing.

First Holding:

Several years after the defendant was sentenced, the Secretary of the California Department of Corrections and Rehabilitation (CDCR) recommended recall and resentencing pursuant to Penal Code section 1172.1(a)(1), based on the defendant’s exceptional conduct while incarcerated. The trial court recalled the sentence and resentenced him to 40 years to life, despite the recommendation by both parties that the sentence be reduced to a determinate term less than half that 40-year minimum. The trial court erred in not examining the impact of AB 333, which amended the gang activity statutes significantly. When the defendant’s sentence was recalled, the trial court regained the jurisdiction and duty to consider what punishment was appropriate for him, and the defendant regained the right to appeal whatever new sentence was imposed. His judgment thus became nonfinal, and it remains nonfinal in its present posture. The defendant is entitled to the benefits of AB 333’s ameliorative changes to section 186.22.

Authority:

People v. Padilla (2022) 13 Cal.5th 152, 161–162

People v. Corpening (2016) 2 Cal.5th 307, 312 [the application of law to undisputed facts is a question of law subject to de novo review]

Second Holding:

The evidence adduced at the defendant’s trial was insufficient to establish that the predicate offenses benefitted the gang beyond enhancing its reputation. Accordingly, we must vacate the true findings on the gang enhancements under section 186.22(b)(1), as well as the true findings on the gang-related firearm enhancements under section 12022.53(b), (c), (d), and (e)(1).

Authority:

People v. Lee (2022) 81 Cal.App.5th 232, 239–240

People v. Perez (2022) 78 Cal.App.5th 192, 206, fn. 11

Third Holding:

Because we do not reverse based on the insufficiency of the evidence required to prove a violation of the statute as it read at the time of trial, the double jeopardy clause of the Constitution will not bar a retrial. Where, as here, evidence is not introduced at trial because the law at that time would have rendered it irrelevant, the remand to prove that element is proper and the reviewing court does not treat the issue as one of sufficiency of the evidence.

Authority:

People v. Sek (2022) 74 Cal.App.5th 657, 669-670

Fourth Holding:

Whether the People decide not to retry the enhancements, or at the conclusion of such a retrial, the defendant is entitled to a full resentencing.

Authority:

People v. Buycks (2018) 5 Cal.5th 857, 893 [when part of a sentence is stricken on review, on remand for resentencing a full resentencing as to all counts is appropriate, so the trial court can exercise its sentencing discretion in light of the changed circumstances]

People v. Valenzuela (2019) 7 Cal.5th 415, 424–425 [the full resentencing rule allows a court to revisit all prior sentencing decisions when resentencing a defendant]

Appellate Principles, Sentencing, Standard of review

Case: 000156

Posted on by Gary McCurdy

Error and/or relief

On appeal from a resentencing, the defendant seeks a remand to make further requests to dismiss gang enhancements under recently amended Penal Code section 186.22, subdivision (g), which now requires more than reputational benefit to a gang. We reverse the judgment and remand the matter for the trial court to rule on defendant’s motion to dismiss the gang enhancements, and to reconsider its determination declining to dismiss the firearm enhancements under section 1385.

First Holding:

At the resentencing hearing, the trial court erred in believed it had no jurisdiction under the remittitur from the previous appeal (which had remanded the matter for resentencing) to fully resentence the defendant. But the scope of the superior court’s jurisdiction as defined by a remittitur does not prevent the retroactive application of ameliorative laws.

Authority:

People v. Lopez (2025) 17 Cal.5th 388, 396

Second Holding:

Because the trial court determined it had no jurisdiction to consider defendant’s motion to dismiss the gang enhancements, it did not reach the parties’ substantive arguments. Given the lack of a full record on appeal regarding the issues (including the absence of the complete preliminary hearing transcript and evidence), the appropriate course is to permit the trial court to assess, after full consideration of the issue on a proper record, whether changes to section 186.22 require dismissal of the gang enhancements.

We observe that if the trial court exercises its discretion to dismiss the gang enhancements, the prosecution will be entitled to the same remedy as the defense (i.e., withdrawal from the plea agreement) and the trial court may withdraw its approval of the plea agreement as well. If defendant elects and is permitted to withdraw from the plea agreement, the trial court must restore the parties to the status quo ante, including permitting the prosecution to request to reopen the preliminary hearing and present evidence on the new elements of the gang allegations or to proceed without those charges.

[Gary Note: This opinion was issued in December 2025. Effective 1/1/2025, Pen. Code, sec. 1171 was amended, and subdivision (c)(3) provides that, with respect to certain postconviction proceedings to modify a sentence or conviction pursuant to an ameliorative statute, a modification of a sentence shall not be a basis for a prosecutor or court to rescind a plea bargain. Does this affect the Stamps solution of remanding for the possible setting aside of the plea bargain if the defendant chooses to pursue amelioration? Good question, Gary!]

Authority:

People v. Stamps (2020) 9 Cal.5th 685, 707-708

People v. Superior Court (1982) 131 Cal.App.3d 256

Mendoza v. Superior Court (2023) 91 Cal.App.5th 42, 58

Third Holding:

We review for abuse of discretion the trial court’s exercise of discretion under section 1385(c). We review associated questions of statutory construction de novo.

Authority:

People v. Walker (2024) 16 Cal.5th 1024, 1033

People v. Burke (2023) 89 Cal.App.5th 237, 242

Fourth Holding:

Under Penal Code section 1385(c)(1), the court shall dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. In exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the mitigating circumstances in subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety.

The trial court denied the defendant’s request to dismiss the firearm enhancment under Penal Code section 1385, subdivision (c). But it decided the motion before Walker clarified how to exercise its authority. Accordingly, we will remand the matter to allow the trial court to determine that question and, if decided in the negative, to further determine whether there is substantial, credible evidence of countervailing factors sufficient to neutralize the great weight of the recognized mitigating circumstances asserted by defendant (including mental illness, prior victimization, and childhood trauma). Notwithstanding the presence of a mitigating circumstance, trial courts retain their discretion to impose an enhancement based on circumstances long deemed essential to the furtherance of justice inquiry.

Authority:

PEN 1385(c)(1)

People v. Walker (2024) 16 Cal.5th 1024 [Specifically, absent a finding that dismissal would endanger public safety, a court retains the discretion to impose or dismiss enhancements provided that it assigns significant value to the enumerated mitigating circumstances, when they are present. In other words, if the court does not find that dismissal would endanger public safety, the presence of an enumerated mitigating circumstance will generally result in the dismissal of an enhancement unless the sentencing court finds substantial, credible evidence of countervailing factors that may nonetheless neutralize even the great weight of the mitigating circumstance, such that dismissal of the enhancement is not in furtherance of justice.]

Fifth Holding:

On remand, the trial court shall consider defendant’s motion for relief under section 186.22 and reconsider defendant’s motion to dismiss the firearm enhancements under section 1385. If such relief is granted, defendant shall be entitled to full resentencing.

Authority:

People v. Walker (2024) 16 Cal.5th 1024

Elements of crime, Sentencing, Standard of review, Sufficiency of and substantial evidence

Case: 000123

Posted on by Gary McCurdy

Error and/or relief

A jury convicted the defendant of two counts of assault with a deadly weapon and found true that he personally inflicted great bodily injury in the commission of those counts. We conclude the injury to the victim in count 2, which the emergency room doctor described as a “superficial laceration,” is not sufficient to support the enhancement under section 12022.7(a). Consequently, we reverse the true finding, strike the one year imposed under section 12022.7(a), associated with count 2, and remand for resentencing to allow the trial court to exercise its discretion anew with the changed circumstance.

First Holding:

Great bodily injury is an injury that is greater than minor or moderate harm.

Authority:

People v. Wyatt (2012) 55 Cal.4th 694, 702

People v. Sandoval (2020) 50 Cal.App.5th 357, 361 [noting that great bodily injury is significant or substantial physical injury that is more than minor or moderate]

People v. Martinez (1985) 171 Cal.App.3d 727, 735–736 [evidence of superficial lacerations held not sufficient to prove great bodily injury]

Second Holding:

We review a challenge to the sufficiency of the evidence supporting a jury’s true finding on a section 12022.7(a) enhancement under the same standard that applies to a challenge to the sufficiency of the evidence to support a conviction. In considering a sufficiency of the evidence claim, we review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence—that is, evidence which is reasonable, credible, and of solid value—such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. Substantial evidence is evidence that reasonably inspires confidence and is of solid value.

Authority:

People v. Escobar (1992) 3 Cal.4th 740, 750

People v. Collins (2025) 17 Cal.5th 293, 307

Third Holding:

When part of a sentence is stricken on review, on remand for resentencing a full resentencing as to all counts is appropriate, so the trial court can exercise its sentencing discretion in light of the changed circumstances.

Authority:

People v. Navarro (2007) 40 Cal.4th 668, 681

People v. Burbine (2003) 106 Cal.App.4th 1250, 1259 [upon remand for resentencing after the reversal of one or more subordinate counts of a felony conviction, the trial court has jurisdiction to modify every aspect of the defendant’s sentence on the counts that were affirmed, including the term imposed as the principal term]

Elements of crime, Sentencing

Case: 000105

Posted on by Gary McCurdy

Error and/or relief

The section 12022.7(a) enhancement, which was stayed at sentencing, must instead be stricken under subdivision (g) of the statute because infliction of great bodily injury is an element of battery with serious bodily injury; and the trial court improperly limited the defendant’s presentence conduct credits to 15 percent of actual days served.

First Holding:

A sentence cannot be enhanced by section 12022.7 for infliction of bodily injury if that is an element of the underlying offense.

Authority:

PEN 12022.7(g)

Second Holding:

Great bodily injury is an element of battery with serious bodily injury.

Authority:

People v. Hawkins (1993) 15 Cal.App.4th 1373, 1375–1376

People v. Otterstein (1987) 189 Cal.App.3d 1548, 1550

People v. Johnson (2016) 244 Cal.App.4th 384, 391

People v. Arnett (2006) 139 Cal.App.4th 1609, 1616

People v. Hawkins (2003) 108 Cal.App.4th 527, 531

People v. Beltran (2000) 82 Cal.App.4th 693, 696–697

Third Holding:

Serious bodily injury is the essential equivalent of great bodily injury.

Authority:

People v. Burroughs (1984) 35 Cal.3d 824, 831

People v. Sloan (2007) 42 Cal.4th 110, 117 [noting that a true finding on a great bodily injury enhancement would effectively establish the elements of the charged battery with serious bodily injury]

Fourth Holding:

Section 246 is not a violent felony per se so section 2833.1 does not limit behavior credit to 15 percent.

Authority:

In re Cabrera (2023) 14 Cal.5th 476, 491E

Amelioration, Retroactivity, Sentencing

Case 000068

Posted on by Gary McCurdy

Error and/or relief

The matter must be remanded again, this time for retrial of the section 667(a) enhancement in light of Assembly Bill No. 333 (2021–2022 Reg. Sess.) (AB 333), which narrowed liability for gang-related crimes.

First Holding:

Effective January 1, 2022, AB 333 amended section 186.22 to change the elements of gang offenses and enhancements by narrowing the definitions of criminal street gang, pattern of criminal activity, and what it means for an offense to have commonly benefitted a street gang.

Authority:

People v. Fletcher (2025) 18 Cal.5th 576, 583

People v. Tran (2022) 13 Cal.5th 1169, 1206

Second Holding:

AB 333 applies to a sentencing court’s determination of whether a defendant’s conviction under the prior version of section 186.22 qualifies as a prior serious felony conviction for purposes of prior serious felony enhancements under section 667(a). Whether a prior conviction was for an offense that constitutes a felony violation of Section 186.22 is determined by applying the current version of section 186.22.

Authority:

People v. Fletcher (2025) 18 Cal.5th 576, 582-583, 607

Third Holding:

Assembly Bill No. 333 is retroactive under Estrada, meaning it applies to cases like this one where the judgment is not yet final.

Authority:

In re Estrada (1965) 63 Cal.2d 740

People v. Tran (2022) 13 Cal.5th 1169, 1206-1207

Fourth Holding:

In this instance, the appellate court filed a memorandum opinion under California Standards of Judicial Administration, section 8.1(1). The Courts of Appeal should dispose of causes that raise no substantial issues of law or fact by memorandum or other abbreviated form of opinion. Such causes could include: (1) An appeal that is determined by a controlling statute which is not challenged for unconstitutionality and does not present any substantial question of interpretation or application; (2) An appeal that is determined by a controlling decision which does not require a reexamination or restatement of its principles or rules; or (3) An appeal raising factual issues that are determined by the substantial evidence rule. [Gary note: I included this tidbit simply to raise awareness of a Court of Appeals options in how opinions may be crafted.]

Authority:

California Standards of Judicial Administration, section 8.1(1)

 

Appellate Principles, Sentencing, Standard of review, Sufficiency of and substantial evidence

Case 000024

Posted on by Gary McCurdy

Error and/or relief

GARY note: The winning issue was relatively simple, but in affirming the overall conviction, the court shared several principles I thought worthy of reporting, even though many did not bear on the dual use of enhancements.

For the attempted murder of the victim in count 3, the trial court should have stayed the three-year enhancement for great bodily injury under section 12022.7 because it also imposed a term of 25 years to life under section 12022.53, subdivision (d), for personally and proximately causing great bodily injury with a firearm. We will modify the judgment so that it accords with the law.

First Holding:

Where multiple prison terms are improperly imposed as in this case, the reviewing court may modify the sentence to stay imposition of the sentence

Authority:

People v. Hunter (1986) 184 Cal.App.3d 1531, 1537

Second Holding:

It is improper to impose the enhancement under Penal Code section 12022.7 in addition to enhancement under section 12022.53(d), and it must be stayed.

Authority:

People v. Garcia (2017) 7 Cal.App.5th 941, 949

People v. Hunter (1986) 184 Cal.App.3d 1531, 1537

Third Holding:

If an error violates a defendant’s federal constitutional rights, reversal is required unless the error was harmless beyond a reasonable doubt.

Authority:

People v. Hernandez (2011) 51 Cal.4th 733, 745

Chapman v. California (1967) 386 U.S. 18, 24

People v. Canizales (2019) 7 Cal.5th 591, 615

People v. Concha (2010) 182 Cal.App.4th 1072, 1087

Fourth Holding:

A harmless error analysis may include consideration of implausible defense testimony and closing argument to the jury.

Authority:

People v. Fayed (2020) 9 Cal.5th 147, 195

People v. Zambrano (2004) 124 Cal.App.4th 228, 243

People v. Flores (2016) 2 Cal.App.5th 855, 881

Fifth Holding:

With respect to errors alleged regarding the conviction of the murder, the error can be found to be harmless beyond a reasonable doubt even under the Chapman standard, as the court concludes in this instance.

Authority:

People v. Salas (2006) 37 Cal.4th 967, 983-984

People v. Garcia (2001) 25 Cal.4th 744, 755

Wright v. West (1992) 505 U.S. 277, 296

Hanrahan v. Thieret (7th Cir. 1991) 933 F.2d 1328, 1340

Phelps v. Duckworth (7th Cir. 1985) 772 F.2d 1410, 1413-1414

Sixth Holding:

The standard of review on sufficiency of evidence is whether any rational trier of fact could have found the essential elements of the crime or special circumstance beyond a reasonable doubt, viewing evidence in light most favorable to prosecution.

Authority:

People v. Zamudio (2008) 43 Cal.4th 327, 357

Seventh Holding:

Substantial evidence is evidence that is reasonable, credible, and of solid value.

Authority:

People v. Zamudio (2008) 43 Cal.4th 327, 357

Eighth Holding:

A conviction for attempted murder requires proof that the defendant intended to kill the victim and proof of a direct but ineffectual act toward accomplishing that goal. But a finding of willfulness, deliberation, and premeditation requires more than a showing of an intent to kill.

Authority:

People v. Medina (2019) 33 Cal.App.5th 146, 153

People v. Gomez (2018) 6 Cal.5th 243, 282

Ninth Holding:

When reviewing a claim the trial court erred in denying a motion for a judgment of acquittal (sec. 1118.1) that was made at the close of the prosecution’s case-in-chief, the appellate court considers the evidence as it stood at that point,

Authority:

People v. Cole (2004) 33 Cal.4th 1158, 1212-1213

Tenth Holding:

It is the appellant’s burden to demonstrate error based on the appellate record and with meaningful legal analysis with adequate citation to the record.

Authority:

People v. Dauterman (2024) 104 Cal.App.5th 603, 609

Eleventh Holding:

Arguments not raised below are forfeited.

Authority:

People v. Richardson (2008) 43 Cal.4th 959, 1022-1023

Twelfth Holding:

The court conducts de novo review to detemine if jury miscontrued or misapplied the law.

Authority:

People v. Shaw (2002) 97 Cal.App.4th 833, 838

Thirteenth Holding:

Error in failing to instruct the jury on a lesser included offense is harmless when the jury necessarily decides the factual questions posed by the omitted instructions adversely to defendant under other properly given instructions.

Authority:

People v. Lewis (2001) 25 Cal.4th 610, 646

Fourteenth Holding:

Errors in the abstract of judgment may be corrected.

Authority:

People v. Mitchell (2001) 26 Cal.4th 181