Can an abstract of judgment be amended to reflect the actual sentence imposed by the trial judge?
California, United States of America
The following excerpt is from People v. Perez, F071910 (Cal. App. 2017):
A trial court's oral judgment controls and "[w]hen 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, whether on our own motion or upon application of the parties." (People v. Jones (2012) 54 Cal.4th 1, 89.) Therefore, we shall direct the trial court to correct this error on remand.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an abstract of judgment be amended to reflect the actual sentence imposed in the trial judge's verbal pronouncement? (California, United States of America)
Can a court correct an abstract of judgment that does not reflect the actual sentence imposed in the trial judge's verbal pronouncement? (California, United States of America)
Is an abstract of judgment based on the actual sentence imposed by the trial judge? (California, United States of America)
Can an abstract of judgment change the actual sentence imposed in the trial judge's verbal pronouncement? (California, United States of America)
Is an abstract of judgment based on the actual sentence imposed by the trial judge? (California, United States of America)
Can a sentencing judge who did not preside over the trial and has "minimal familiarity with the case" exercise his discretion in imposing harsher individual sentencing terms than the prior sentencing judge? (California, United States of America)
Is an abstract of judgment based on the actual sentence imposed by the trial judge? (California, United States of America)
Is an abstract of judgment based on the actual sentence imposed by the trial judge? (California, United States of America)
Can an abstract of judgment be corrected to conform to the actual sentence imposed by the trial judge? (California, United States of America)
Is a sentence in an abstract of judgment based on the actual sentence imposed by a judge? (California, United States of America)
