Colo. R. Crim. P. 36

As amended through Rule Change 2021(22), effective October 14, 2021
Rule 36 - Clerical Mistakes

Clerical mistakes in judgments, orders, or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any, as the court orders.

Colo. R. Crim. P. 36

Annotation Correction of error discretionary. The language of this rule indicates that the decision to correct an error is discretionary rather than mandatory. Quintana v. People, 200 Colo. 258, 613 P.2d 1308 (1980). Judge may correct grammar and strike meaningless repetitions. A judge may correct or amend a record, to make certain perfunctory changes to correct grammar, and to strike meaningless repetitions. People v. Emeson, 179 Colo. 308, 500 P.2d 368 (1972). And may correct mittimus to reflect sentence actually imposed. Where a mittimus recites what purports to be the sentence imposed, but a clerical error in the mittimus quite obviously does not reflect the actual sentence intended to be imposed by the sentencing judge, the order of the trial judge correcting the mittimus to reflect the sentences actually imposed by the sentencing judge is the proper procedure. People v. Mason, 188 Colo. 410, 535 P.2d 506 (1975). But cannot correct mistakes after commutation of sentence. Since the courts lack jurisdiction to alter or amend a commuted sentence imposed by the executive, a motion under this rule to correct clerical oversights in sentencing may not be granted after commutation. People v. Quintana, 42 Colo. App. 477, 601 P.2d 637 (1979), aff'd, 200 Colo. 258, 613 P.2d 1308 (1980). Clerical error in judgment of conviction, sentence, and mittimus concerning the sentences imposed for sexual assault and kidnapping is proper grounds for remand to correct the error. People v. Turner, 730 P.2d 333 (Colo. App. 1986).