Error and/or relief
We remand the matter to the trial court, directing the court to correct its records to conform with the oral pronouncement of judgment at appellant’s 2025 resentencing hearing. Specifically, the minute order should be corrected to reflect that the court struck the section 667.5(b) prior prison term enhancement. Thecourt shall prepare an amended abstract of judgment reflecting the section 667.5(b) prior prison enhancement was stricken and that imposition of punishment on counts 2 and 3 was stayed pursuant to section 654.
Holding:
When there is a discrepancy between the court’s oral pronouncement of judgment and a minute order or an abstract of judgment, the oral pronouncement controls. Clerical errors may be corrected any time they do not accurately reflect the oral judgments of sentencing courts.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185
People v. Zackery (2007) 147 Cal.App.4th 380, 385