Error and/or relief
The abstract of judgment includes clerical errors which should be corrected to accurately reflect the trial court’s oral pronouncement. First, it reflects imposition of a restitution fine without also indicating that the court stayed the fine. Second, it incorrectly states the sentence imposed by the court.
Holding:
Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls. Courts have the inherent power to correct such clerical errors, either on their own motion or upon the application of the parties.
Authority:
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Mitchell (2001) 26 Cal.4th 181, 185
People v. Mesa (1975) 14 Cal.3d 466, 471 [a discrepancy between the judgment as orally pronounced and as entered in the minutes is presumably the result of clerical error]