When a reporter's transcript and clerk's transcript are in conflict, can the clerk obtain a motion to compel the reporter to amend the transcript?
California, United States of America
The following excerpt is from People v. Le, 2d Crim. No. B294546 (Cal. App. 2020):
2. The clerk's minute order from the hearing states that the motion was granted. Generally, when the reporter's and clerk's transcripts are in conflict, the trial court's "oral pronouncement controls" because the clerk cannot supplement the trial court's rulings. (People v. Morales (2014) 224 Cal.App.4th 1587, 1594.)
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