Error and/or relief
Following the resentencing hearing on remand from the defendant’s earlier appeal, the minute order and the abstract of judgment fail to reflect the oral judgment, and each must be corrected.
First Holding:
The trial court was required to prepare an amended abstract of judgment showing the entirety of defendant’s sentence, including the fines, fees, and credits, imposed at the resentencing hearing.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185–186
Second Holding:
The minute order states only that the trial court gave a ruling “as on the record” about the aggravating circumstances, without specifying the findings on the aggravating circumstances.
When the defendant waives a jury trial and is tried by the court, the court is required to announce its factual findings at the conclusion of the hearing, which shall be in substantially the form prescribed for the general verdict of a jury and shall be entered in the minutes.
The minute order must be amended to reflect those findings as required.
Authority:
PEN 1167