People v. Mitchell

Opinion

CHIN, J.

In this case, we address the following question: If the Attorney General, in responding to a criminal defendant’s appeal, points out a discrepancy between the trial court’s judgment and the abstract of judgment, should the Court of Appeal order the trial court to correct the abstract of judgment or should it direct the Attorney General to ask the clerk of the trial court to make the correction? The Court of Appeal here took the latter course. We conclude that principle and practice dictate the former. We therefore reverse the Court of Appeal on this issue and remand the matter…