When there is a discrepancy between the abstract of judgment and the trial court's oral pronouncement of judgment, does the court have to rely on the reporter's transcript?
California, United States of America
The following excerpt is from People v. Gonzalez, F072085 (Cal. App. 2017):
When there is a discrepancy between the trial court's oral pronouncement of judgment and the abstract of judgment, the oral pronouncement controls; we presume any inconsistency is the result of clerical error and rely upon the oral pronouncement contained in the reporter's transcript. (People v. Mitchell (2001) 26 Cal.4th 181, 185-186.)
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