Case 001021

Error and/or relief

There is an error in the abstract of judgment that requires correction.

Holding:

The trial court imposed and stayed section 12022.1 bail enhancements as to counts 4, 5, 6, and 7. The determinate abstract of judgment erroneously omits the section 12022.1 enhancement as to count 5.

Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls. The abstract of judgment must be corrected to reflect the sentence for the section 12022.1 enhancement on count 5, which the trial court stayed.

Authority:

People v. Zackery (2007) 147 Cal.App.4th 380, 385

People v. Jones (2012) 54 Cal.4th 1, 89