Category Archives: Abstracts and Minutes

Case: 000367

Error and/or relief

The abstract of judgment in the defendant’s case erroneously includes enhancements that the superior court struck when it resentenced the defendant.

First Holding:

In a criminal case, judgment is rendered when the trial court orally pronounces sentence.

Authority:

People v. Karaman (1992) 4 Cal.4th 335, 344, fn. 9

Second Holding:

The transcript of the resentencing proceeding affirmatively shows that the court did not impose either a gun or a firearm enhancement in connection with the LWOP sentences. Additionally, the transcript of the earlier proceeding shows that the court’s failure to mention the enhancements was not by accident because it considered any enhancements on the LWOP counts to be irrelevant. Despite the court’s striking of the enhancements, the abstract of judgment reflects that the court imposed the same enhancements included in the 2015 sentence under sections 186.22(b)(1) and 12022.53(b) and (c). It is well settled that an abstract of judgment is not the judgment of conviction. It does not control if different from the trial court’s oral judgment and may not add to or modify the judgment it purports to digest or summarize. When an abstract of judgment does not reflect the actual sentence imposed in the trial judge’s verbal pronouncement, this court has the inherent power to correct such clerical error on appeal

Authority:

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

Case: 000363

Error and/or relief

The trial court is directed to prepare an amended abstract of judgment to reflect that the two one-year enhancements were stricken rather than stayed.

Holding:

[GARY NOTE: The court cited not authority to support its order for the correction of the abstract of judgment, but there’s law aplenty, which I’ve set out below.]

Authority:

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

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: 000356

Error and/or relief

The abstract of judgment fails to reflect that the multiple-murder special‑circumstance allegation as to count 2 was vacated.

Holding:

The abstract of judgment must be corrected to reflect that the multiple-murder special‑circumstance allegation as to count 2 was vacated.

[Gary note: The court cited no authority for its order for correction. This opinion was a modification of the opinion I summarized as Case 000302, which was already being remanded for other reasons, including a direction to correct a different problem in the abstract of judgment. Though the court cited no additional authority for the modification for further correction, there are many cases it could have chosen from. I have set forth some of them below.]

Authority:

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

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: 000337

Error and/or relief

The abstract of judgment should be amended to reflect one additional day.

Holding:

[GARY NOTE: Likely because the error and solution are so obvious, the court did not cite authority in support of its order. But it COULD have cited any of several cases, some of which I have listed below.]

Authority:

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

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

People v. Taylor (2004) 119 Cal.App.4th 628

People v. Acosta (1996) 48 Cal.App.4th 411, 428, fn. 8

Case: 000328

Error and/or relief

The abstract of judgment must be amended to correct a clerical error and to reflect that he was sentenced to concurrent, and not consecutive, terms for counts 1, 3, and 4.

First Holding:

A trial court has the inherent power to correct clerical errors at any time and a reviewing court may order correction of an abstract of judgment that does not accurately reflect the oral pronouncement of judgment.

Authority:

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