What is the effect of the Court of Appeal's decision making process in determining whether or not to order a minute order or abstract of judgment in a criminal case?

California, United States of America


The following excerpt is from People v. Gibson, G055843 (Cal. App. 2019):

"Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls." [Citations.] (People v. Zackery (2007) 147 Cal.App.4th 380, 385.) Such discrepancies are "presumed to be the result of clerical error." (People v. Price (2004) 120 Cal.App.4th 224, 242.) "Courts may correct clerical errors at any time," for instance, by ordering "correction of abstracts of judgment that [do] not accurately reflect the oral judgments of sentencing courts. [Citations.]" (People v. Mitchell (2001) 26 Cal.4th 181, 185.)

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