Does a court have to review the abstract of judgment in this case?

California, United States of America


The following excerpt is from People v. Higgins, F065359 (Cal. App. 2014):

Unlike People v. Banuelos (2005) 130 Cal.App.4th 601, upon which defendant relies, the abstract of judgment in this case was not the only evidence relied upon to

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prove the section 245 conviction was a serious felony. The July 27, 1982, minute order resolved any ambiguity that would have otherwise resulted from a review of only the August 30, 1982, abstract of judgment. Hence, this record of conviction was sufficient to allow the trial court's rational finding that the prosecution had proven the elements of the sentence enhancement beyond a reasonable doubt. (People v. Delgado, supra, 43 Cal.4th at p. 1067.)

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