Can an abstract of judgment change the actual sentence imposed in the trial judge's verbal pronouncement?

California, United States of America


The following excerpt is from People v. Zuniga, D068420 (Cal. App. 2017):

"It is well settled that '[a]n 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.' " (People v. Jones (2012) 54 Cal.4th 1, 89.) Thus, "[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." (Ibid.) Since the abstract of judgment does not accurately reflect the court's oral judgment for the firearm and great bodily injury enhancements, we agree with the parties it must be corrected and we shall direct the trial court accordingly.

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