If an abstract of judgment fails to reflect the judgment pronounced by the trial court, can the abstract be corrected?

California, United States of America


The following excerpt is from People v. Pena, E071497 (Cal. App. 2020):

If an abstract of judgment fails to reflect the judgment pronounced by the trial court, the error is clerical and the record can be corrected at any time to make it reflect its true facts. (People v. Mitchell (2001) 26 Cal.4th 181, 185.) Moreover, because the oral pronouncement of judgment by the sentencing judge is the judicial act that constitutes the rendition of judgment, it controls over any conflicting written court documents. (People v. Mesa (1975) 14 Cal.3d 466, 471.)

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