Can the Court of Appeal amend the abstract of judgment in a case involving assault on a police officer and infliction of corporal injury on a cohabitant?

California, United States of America


The following excerpt is from People v. Moore, B244768 (Cal. App. 2013):

When an abstract of judgment does not accurately reflect the trial court's oral pronouncement of sentence, appellate courts have inherent power to correct such an error. (People v. Mitchell (2001) 26 Cal.4th 181, 188.) The parties agree that the abstract of judgment erroneously reflects the deadly weapon enhancement was imposed in count 1, assault on a police officer, rather than count 2, infliction of corporal injury on a cohabitant. It should be amended accordingly.

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