Borja

The People appeal a nunc pro tunc order to June 1994 reducing the sentence imposed on Roberto Burgos Borja as a condition of probation from 365 to 364 days. The People contend the court acted in excess of jurisdiction because Borja’s probation term had expired nearly two years earlier, there was no clerical mistake justifying a nunc pro tunc order, Borja did not raise grounds justifying the modification, and the order interfered with another order made a year earlier. We reverse.

Facts

In May 1994 Borja was charged with driving under the influence, driving while having a measurable blood-alcohol level, and driving with a suspended license. Three prior driving-under-the-influence convictions were also alleged. On May 20 Borja pleaded guilty before Judge Kaneshiro to driving under influence and admitted the three prior convictions. Borja acknowledged, “I understand that if I am not a citizen of the United States, a plea of Guilty or No Contest could result in deportation or exclusion from admission to this country, or denial of naturalization pursuant to the laws of the United States.” In June 1994 the court sentenced Borja to the lower term of 16 months, execution of…