Error and/or relief
There is a discrepancy between the trial court’s oral pronouncement and the abstract of judgment. It must be corrected.
Holding:
The abstract of judgment indicates that the trial court imposed a $40 court operations assessment and a $30 criminal conviction assessment. The trial court did not orally impose either assessment. When there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls. We have inherent authority to correct errors to accurately reflect the “oral judgments of sentencing courts. We order the abstract of judgment corrected to conform to the trial court’s oral pronouncement of judgment.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185-186