Error and/or relief
Though the proposed probation order would have imposed a search condition as to electronic devices, the trial court agreed to not impose that condition of probation. The written order of probation, however, had the condition checked. The matter is remanded for the trial court to modify the order to conform to its oral pronouncement.
Holding:
In a criminal case, it is the oral pronouncement of sentence that constitutes the judgment. Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls. As with other clerical errors, discrepancies between a written order and the actual judgment as orally pronounced are subject to correction at any time, and should be corrected by a reviewing court when detected on appeal.
Authority:
People v. Scott (2012) 203 Cal.App.4th 1303, 1324
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Mesa (1975) 14 Cal.3d 466, 471 [rendition of judgment is an oral pronouncement; the record of the oral pronouncement of the court controls over the clerk’s minute order and abstract of judgment]