Jul. 28, 2022 – In re Jason V. (1st Dist., Div. 2, A163366)

Appellant was committed to DJJ prior to July 2021, but the juvenile court erroneously ordered an impermissible maximum period of confinement. In July 2021, the court entered a nunc pro tunc order correcting the error. Although the error was not a “recording error,” the Court of Appeal concludes that “in the unique circumstances presented here,” the error was clerical rather than legal and the nunc pro tunc correction was therefore permissible. The court reasons that the correction did not involve an exercise of discretion but rather “allowed the court to effectuate its discretionary decision.”