What is the test for deference to a court clerk's transcript when the court clerk and the court reporter have different transcripts?

California, United States of America


The following excerpt is from People v. Aparicio, H045319 (Cal. App. 2019):

This rule has been applied on numerous occasions by this court. "When an irreconcilable conflict exists between the transcripts of the court reporter and the court clerk, the modern rule is not automatic deference to the reporter's transcript, but rather adoption of the transcript due more credence under all the surrounding circumstances. [Citations.]" (People v. Rodriguez (2013) 222 Cal.App.4th 578, 586; see also People v. Pirali (2013) 217 Cal.App.4th 1341, 1346.)

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