Error and/or relief
On resentencing under section 1172.75, the court recalled the previously imposed $10,000 restitution, but the abstract of judgment erroneously reflects it as reimposed. The abstract must be corrected.
Holding:
Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls. As with other clerical errors, discrepancies between a written order and the actual judgment as orally pronounced are subject to correction at any time, and should be corrected by a reviewing court when detected on appeal.
The abstract of judgment from the resentencing hearing must be amended to reflect the trial court’s oral pronouncement that the $10,000 restitution fine pursuant to section 1202.4, subdivision (b) is stricken.
Authority:
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Scott (2012) 203 Cal.App.4th 1303, 1324