Error and/or relief
The abstract of judgment lists the amount of the criminal conviction fee and the court operations fee as $600 and $800, respectively, whereas the court ordered $90 and $120, respectively. The abstract must be corrected.
Holding:
In a criminal case, it is the oral pronouncement of sentence that constitutes the judgment. Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls. Where, as here, the Attorney General or defendant identifies an evident discrepancy between the abstract of judgment and the judgment that the reporter’s transcript reflect, the appellate court itself should order the trial court to correct the abstract of judgment.
Authority:
People v. Scott (2012) 203 Cal.App.4th 1303, 1324
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Mitchell (2001) 26 Cal.4th 181, 188