Is it appropriate for a defendant to ask the Court of Appeal to correct a clerical error in the abstract of judgment?

California, United States of America


The following excerpt is from People v. Savinon, No. H034172 (Cal. App. 4/14/2010), No. H034172. (Cal. App. 2010):

"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." (People v. Mitchell (2001) 26 Cal.4th 181, 185.) It certainly would have been a better practice for defendant to have simply asked the trial court to correct its error rather than come here asking us to order the trial court to do so. In any event, when there is a clerical error in the abstract of judgment, "the appellate court itself should order the trial court to correct the abstract of judgment." (Id. at p. 188.)

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