Can a court correct an abstract of judgment that does not reflect the actual sentence imposed in the trial judge's verbal pronouncement?
California, United States of America
The following excerpt is from People v. Espinoza, F071473 (Cal. App. 2017):
A trial court's oral judgment controls and "[w]hen an abstract of judgment does not reflect the actual sentence imposed in the trial judge's verbal pronouncement, this court has the inherent power to correct such clerical error on appeal, whether on our own motion or upon application of the parties." (People v. Jones (2012) 54 Cal.4th 1, 89.) Accordingly, the trial court shall correct this error on remand.
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