Error and/or relief
We order the trial court to correct its minute order to accurately reflect the court’s oral pronouncement of the travel ban probation condition.
First Holding:
At the sentencing hearing, the trial court imposed a condition of probation that defendant was not to leave the state of California without the consent of the probation officer. However, the corresponding minute order lists the condition as “Do not leave California.” As such, the minute order does not accurately reflect the oral pronouncement of the court.
A court has inherent power to correct clerical errors in its records so as to make these records reflect the true facts. Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls. Errors in the court’s minute orders are clerical errors that may be corrected at any time.
Authority:
In re Candelario (1970) 3 Cal.3d 702, 705
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Mitchell (2001) 26 Cal.4th 181, 185–186