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PEOPLE v. MITCHELL

No. S090791.

109 Cal.Rptr.2d 303 (2001)

26 Cal.4th 181

26 P.3d 1040

The PEOPLE, Plaintiff and Respondent, v. Willie Ross MITCHELL, Defendant and Appellant.

Supreme Court of California.

July 19, 2001.

Attorney(s) appearing for the Case

Linn Davis, under appointment by the Supreme Court, Norco, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Susan D. Martynec, Scott A. Taryle and Russell A. Lehman, Deputy Attorneys General, for Plaintiff and Respondent.

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...

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