People v. Gouveia CA6

facts. [Citations.] This rule allowing correction of clerical error, whether made by the clerk, counsel, or the court itself, is to be distinguished from the situation involving judicial error, which can only be corrected by appropriate statutory procedure. [Citations.] The distinction between clerical error and judicial error is that the former is inadvertently made while the latter is made advertently as the result of the exercise of judgment. [Citations.]" (People v. Shultz (1965) 238 Cal.App.2d 804, 807.) In this appeal, we must determine whether it was clerical error or judicial error that the court was trying to correct when almost six years after the court rendered judgment in this case the court amended the minute order from the sentencing hearing to reflect that the Department of Motor Vehicles was to revoke appellant's driving privilege for life. Facts and Proceedings Below In 2007, pursuant to a negotiated disposition, appellant pleaded no contest to assault with a deadly weapon, to wit, a vehicle, in case No. CC635647. (Pen. Code, former § 245, subd. (a).)1 In exchange for his plea, appellant was promised that he would receive a one-year prison term (top/bottom)…