People v. Felise CA3

DISCUSSION

Generally, a clerical error is one inadvertently made. (People v. Schultz (1965) 238 Cal.App.2d 804, 808.) Clerical error can be made by a clerk, by counsel, or by the court itself. (Ibid. [judge misspoke].) A court “has the inherent power to correct clerical errors in its records so as to make these records reflect the true facts.” (In re Candelario (1970) 3 Cal.3d 702, 705; see also People v. Mitchell (2001) 26 Cal.4th 181, 185.) A plea bargain is an agreement negotiated between the defendant and the People and approved by the trial court. (People v. Segura (2008) 44 Cal.4th 921, 929-930.) Each party benefits -- the People by obtaining a guilty or no contest plea and often an agreed term of imprisonment, and the defendant by obtaining less severe punishment, including in some cases through the dismissal of one or more counts. (Id. at p. 930.) “Because a ‘negotiated plea agreement is a form of contract,’ it is interpreted according to general contract principles. [Citation.] Acceptance of the agreement binds the court and the parties to the agreement. [Citations.] ‘ “When a guilty [or nolo contendere] plea is entered in exchange for specified benefits such as the…