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


The following excerpt is from People v. Lynd, F076308 (Cal. App. 2019):

"When an abstract of judgment does not reflect the actual sentence imposed in the trial judge's verbal pronouncement, [appellate courts have] the inherent power to correct such clerical error on appeal, whether on our own motion or upon application of the parties. [Citation.]" (People v. Jones (2012) 54 Cal.4th 1, 89.) The abstract of judgment must be corrected to accurately reflect the judgment. The abstract of judgment will need to be amended to reflect the court's resentencing on remand regardless.

Page 9

Other Questions


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)
Can an abstract of judgment be amended to reflect 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)
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 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)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.