Error and/or relief
The abstract of judgment contains an error that must be corrected.
Holding:
Our review of the record reveals a discrepancy between the trial court’s oral pronouncement and the abstract of judgment. Specifically, the abstract of judgment indicates that the trial court lifted the stay on the mandatory probation revocation fine of $300 after revoking defendant’s probation. The trial court’s oral pronouncement did not address a probation revocation fine nor lift a stay on a probation revocation fine.
Moreover, a probation revocation fine under section 1202.44 was never imposed in defendant’s probation case. Therefore, there was no probation revocation fine for which a stay could be lifted. When there is a discrepancy between the court’s oral pronouncement and the clerk’s minute order or the abstract of judgment, the record of the oral pronouncement controls.
We have inherent authority to correct errors to accurately reflect the “oral judgments of sentencing courts. Accordingly, we strike the $300 probation revocation fine (sec. 1202.44) included in the abstract of judgment. We order the abstract of judgment corrected to conform to the trial court’s oral pronouncement of judgment.
Authority:
People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2
People v. Mitchell (2001) 26 Cal.4th 181, 185