Error and/or relief
On resentencing under section 1172.75, the abstract of judgment fails to reflect the credit for time served ordered by the court, and it must be corrected.
Holding:
The abstract of judgment must be corrected to reflect an additional (more than 3400) days of custody credits, as ordered by the trial court. It does not reflect the days ordered by the court for the time since the original sentencing, and it overstates the conduct credit that was originally ordered by 200 days.
In the event of a discrepancy between the oral pronouncement of judgment and a minute order or an abstract of judgment, the oral pronouncement controls. It follows that we must correct the discrepancy by ordering the trial court to modify the minute order. Accordingly, the amended abstract of judgment must be corrected to reflect the correct number of prior credits and to add the additional (more than 3400) days.
Authority:
People v. Gobert (2023) 89 Cal.App.5th 676, 689
People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2