California, United States of America
The following excerpt is from People v. Rubin, B242846 (Cal. App. 2014):
Courts "have inherent authority to correct clerical errors in a sentence at any time. 'It is not open to question that a court has the inherent power to correct clerical errors in its records so as to make these records reflect the true facts. [Citations.] . . . The power is unaffected by the pendency of an appeal or a habeas corpus proceeding. [Citation.] The court may correct such errors on its own motion or upon the application of the parties.' [Citation.] This nunc pro tunc authority, however, is limited to true clerical errors." (People v. Kim (2012) 212 Cal.App.4th 117, 123-124.) It does not authorize the court to substantially modify the original judgment. " 'The distinction between clerical error and judicial error is "whether the error was made in rendering the judgment, or in
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recording the judgment rendered." ' [Citation.]" (Ibid.) A nunc pro tunc order cannot "declare that something was done which was not done." (Ibid., citing People v. Borja (2002) 95 Cal.App.4th 481, 485 [365 day jail sentence as condition of probation cannot be changed to a 365 day sentence by nunc pro tunc order].)
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