What is the difference between a clerical error and a judicial error?
California, United States of America
The following excerpt is from People v. Martinez, B263067 (Cal. App. 2019):
" 'Generally, a clerical error is one inadvertently made, while a judicial error is one made advertently in the exercise of judgment or discretion. [Citations.]' " (People v. McGee (1991) 232 Cal.App.3d 620, 624.) " 'An amendment that substantially modifies the original judgment or materially alters the rights of the parties, may not be made by the court under its authority to correct clerical error.' " (Smith v. Superior Court (1981) 115 Cal.App.3d 285, 290.)
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