On remand, on what basis does the Attorney General agree with Castillo that count 3, unlawful driving of a vehicle, was a non-theft offense?

California, United States of America


The following excerpt is from People v. Castillo, 2d Crim. No. B304142 (Cal. App. 2021):

Castillo contends the abstract of judgment must be amended to specify that count 3, unlawful driving of a vehicle, was a non-theft offense. The Attorney General concedes. We agree. An appellate court has the power to order a correction of an abstract of judgment that does not accurately reflect the oral judgment. (People v. Mitchell (2001) 26 Cal.4th 181, 185.) On remand, we direct the clerk of the court to amend the abstract of judgment accordingly.

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