Category Archives: Abstracts and Minutes

Case 000650

Error and/or relief

The trial court, at resentencing, orally awarded the defendant credit for time served from his arrest to the date of resentencing, but those credits do not appear on the abstract of judgment. The abstract must be corrected.

First Holding:

[GARY Note: The court cited no authority for ordering that the abstract of judgment be corrected (probably because it is so obvious), but there is much authority that it could have cited, such as what I’ve laid out below.]

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 185 [courts may correct clerical errors at any time

People v. Gobert (2023) 89 Cal.App.5th 676, 689

People v. Scott (2012) 203 Cal.App.4th 1303, 1324

People v. Clark (2021) 67 Cal.App.5th 248, 260–261

People v. Delgado (2008) 43 Cal.4th 1059, 1070

People v. Leon (2020) 8 Cal.5th 831, 855

In re Black (1967) 66 Cal.2d 881, 890

People v. Zackery (2007) 147 Cal.App.4th 380, 385

People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2

Case 000648

Error and/or relief

The trial court must correct the minute order to accurately reflect that the defendant was committed under section Welfare and Institutions Code section 6500(c)(3) rather than under section 6500(c)(1) as shown in the minute order.

Holding:

A commitment under WIC 6500(c)(1), as erroneously reflected in the minute order, is for one year. A commitment under WIC 6500(c)(3), as ordered by the court, is for six months. Any variance between the oral pronouncement of judgment and the minute order or abstract of judgment is presumed to be clerical error, and the oral pronouncement controls. Courts have the authority to correct such clerical errors at any time.

Authority:

WIC 6500

People v. Mesa (1975) 14 Cal.3d 466, 471

People v. Mitchell (2001) 26 Cal.4th 181, 186–187

Case 000643

Error and/or relief

The defendant was resentenced under section 1172.75. The restitution fine must be vacated, as it is more than 10 years old. The abstract of judgment must be corrected to reflect the oral pronouncement of judgment accurately.

First Holding:

Effective January 1, 2025, the Legislature amended section 1465.9 to add subdivision (d), which states: “Upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to Section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.” The fine in this case appears to have been imposed at the original sentencing in 1994, and must be vacated.

Authority:

PEN 1469.5

Second Holding:

Though the abstract of judgment from 1994 does not reflect whether the trial court imposed the mandatory minimum restitution fine under section 1202.4(b), we presume, as the People argue, the court did. Thus, the superior court’s order imposing the restitution fine at the defendant’s resentencing in 2024 essentially reimposed the fine imposed in 1994, which section 1465.9 has now made unenforceable and uncollectible. We construe the superior court’s order as simply reimposing the original restitution fine, and the 10-year clock did not start anew.

Authority:

EVID 664 [It is presumed that official duty has been regularly performed]

People v. Ramirez (2021) 10 Cal.5th 983, 1042 [we presume that the trial court knew the law and followed it in imposing a restitution fine under section 1202.4]

People v. Stowell (2003) 31 Cal.4th 1107, 1114 [a trial court is presumed to have been aware of and followed the applicable law]

People v. Salstrom (2025) 117 Cal.App.5th 596, review granted on another point, March 11, 2026, S295038

Third Holding:

After imposing the $300 restitution fine, the superior court stated: “$300 parole revocation fine, that is stayed pending successful—Well, I am going to strike that. There is no parole that’s going to be granted in this case.” As noted, the minute order and abstract of judgment indicate the court (1) imposed and stayed execution of a parole revocation fine under section 1202.45 and (2) imposed and struck “all financial obligations, excluding any actual victim restitution.” The reporter’s transcript of the resentencing hearing does not state the court made these rulings. The superior court must correct the minute order and abstract of judgment to reflect the oral pronouncement of judgment.

Authority:

People v. Burke (2023) 89 Cal.App.5th 237, 244 [Ordinarily, where there is a discrepancy between the oral pronouncement of judgment and the abstract of judgment, the oral pronouncement controls]

People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2 [The record of the oral pronouncement of the court controls over the clerk’s minute order]

People v. Portillo (2023) 91 Cal.App.5th 577, 603 [the oral pronouncement of sentence controls over a subsequently entered minute order]

Fourth Holding:

Courts may correct clerical errors at any time, and appellate courts . . . have ordered correction of abstracts of judgment that did not accurately reflect the oral judgments of sentencing courts.

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 185

People v. Jones (2012) 54 Cal.4th 1, 89

People v. Garcia (2024) 101 Cal.App.5th 848, 859

People v. Gobert (2023) 89 Cal.App.5th 676, 689 [we must correct the discrepancy by ordering the trial court to modify the minute order]

Case 000628

Error and/or relief

GARY note: This is not a winning issue case, but is an example of an error in an abstract of judgment in which the abstract reflected a conviction less serious than actually sustained. While I doubt it was helpful to the defendant in this instance, I think it still provides yet another lesson in the importance of reviewing abstracts of judgment.

Holding:

The trial court’s minutes and abstract of judgment erroneously reflect that the defendant was convicted and sentenced on count 5 for the dismissed charge of false imprisonment by violence. The record indicates that the trial court struck the false imprisonment charge before trial and that the defendant was charged with and convicted of forcible rape in count 5, and that he was sentenced accordingly. The abstract of judgment must be corrected to reflect a conviction of rape by force or fear on count 5.

Authority:

People v. Jones (2012) 54 Cal.4th 1, 89

People v. Mesa (1975) 14 Cal.3d 466, 471

Case 000619

Error and/or relief

The abstract of judgment must be modified to reflect a four-year arson enhancement under section 451.1, subdivision (a)(5)—instead of subdivision (a)(1).

Holding:

The abstract reflects that the four-year arson enhancement was imposed under section 451.1(a)(1). The record demonstrates, however, that this enhancement was charged and proven based on appellant’s use of a device designed to accelerate the fire. That enhancement falls within subdivision (a)(5) of that statute. As such, we agree with appellant’s counsel that it is appropriate to order the abstract of judgment amended to reflect the proper subdivision.

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 185 [courts may correct clerical errors at any time]