Error and/or relief
The sentencing minute order and the abstract of judgment does not reflect the oral pronouncement of judgment and must be corrected.
Holding:
The minute order and the abstract of judgment reflect that the total of the sentence was three years instead of the orally pronounced two years. Where there is a discrepancy between the oral pronouncement of judgment and the minute order or abstract of judgment, the oral pronouncement controls. A minute order or abstract of judgment that does not accurately reflect the oral judgment of the trial court may be corrected on appeal.
Authority:
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Mitchell (2001) 26 Cal.4th 181, 185–186