What is the test for correcting the abstract of judgment to reflect a life term without parole, rather than a life sentence, on count two (attempted murder)?

California, United States of America


The following excerpt is from People v. Salguero, B286757 (Cal. App. 2019):

Finally, the trial court must correct the abstract of judgment to reflect a life term, rather than a life term without the possibility of parole, on count two (attempted murder). The record supports the parties' observation that the sentence recorded in the abstract of judgment differs from the sentence orally pronounced by the trial court. "[W]here, as here, the Attorney General identifies an evident discrepancy between the abstract of judgment and the judgment that the reporter's transcript and the trial court's minute order reflect, the appellate court itself should order the trial court to correct the abstract of judgment." (People v. Mitchell (2001) 26 Cal.4th 181, 188; see also id. at p. 186

Page 28

[appellate court may make such an order on its own motion].)

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