Error and/or relief
The minute orders must be corrected to reflect that the court orally ordered 32 months as the term of probation, not the 36 months recorded in the minute order.
Holding:
The trial court must pronounce judgment in open court and on the record. The trial court is generally required to include all aspects of a judgment in its oral pronouncement of judgment. Any discrepancy between the judgment as orally pronounced and as recorded in the clerk’s minutes or abstract of judgment is presumed to be the result of clerical error. The abstract of judgment does not control if different from the trial court’s oral judgment and may not add to or modify the judgment it purports to digest or summarize. We may correct a court’s written order or judgment that does not accurately reflect its oral pronouncement
Authority:
PEN 1193
PEN 1202
People v. McGahuey (1981) 121 Cal.App.3d 524, 530
People v. Leon (2020) 8 Cal.5th 831, 855
People v. Mitchell (2001) 26 Cal.4th 181, 185;
People v. Mesa (1975) 14 Cal.3d 466, 471