Error and/or relief
Following resentencing under section 1172.75, the court determined the credit for time served to be the original number of days as of the original sentencing plus additional days by the resentencing date. The abstract of judgment recorded only the the days as of the original sentencing hearing. There were three other errors in the abstract of judgment related the identity of the appropriate code sections for the notations and failure to check the appropriate boxes. We remand so the abstract can be corrected accordingly.
Holding:
The oral imposition of sentence constitutes the judgment in an action, and the court clerk cannot modify the terms of that oral pronouncement when preparing the minutes or the abstract of judgment.
Authority:
People v. El (2021) 65 Cal.App.5th 963, 967