Error and/or relief
Our independent review of the record discloses that the trial court inadvertently failed to dismiss one of the charged counts after accepting the defendant’s no contest plea to the remaining counts. We shall modify the judgment to reflect dismissal of that count. The abstract of judgment contained several errors that must be corrected.
First Holding:
Because the court may not proceed as to the plea other than as specified in the approved plea, the court’s silence at the sentencing hearing regarding dismissal of a count was not an exercise of judicial discretion but rather a clerical error in the record of judgment.
Authority:
PEN 1192.5
In re Candelario (1970) 3 Cal.3d 702, 705
People v. Panizzon (1996) 13 Cal.4th 68, 80 [parties must abide by the terms of the plea agreement, including the dismissal of other counts]
Second Holding:
The record of the oral pronouncement of the court controls over the clerk’s minute order, which may not modify the judgment it purports to digest.
Authority:
People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2
People v. Mitchell (2001) 26 Cal.4th 181, 185