Error and/or relief
The abstract of judgment against the defendant contains a clerical error that must be corrected. It states the trial court imposed a restitution fine of $2,800 under Penal Code section 1202.4(b). The reporter’s transcript of the sentencing court’s oral pronouncement, however, states the fine was $280.
We direct the trial court to amend the abstract of judgment to reflect the correct amount.
Holding:
Conflicts between the oral pronouncement of judgment found in the reporter’s transcript and the abstract of judgment found in the clerk’s transcript are generally presumed to be clerical in nature and are resolved in favor of the reporter’s transcript unless the particular circumstances dictate otherwise. An abstract of judgment must reflect a restitution fine a sentencing court has orally imposed under section 1202.4(b). Courts may correct clerical errors at any time.
Authority:
In re P.A. (2012) 211 Cal.App.4th 23, 30, fn. 4
People v. Gonzalez (2012) 210 Cal.App.4th 724, 744
People v. Mitchell (2001) 26 Cal.4th 181, 185
People v. Hong (1998) 64 Cal.App.4th 1071, 1080