Does a judge have to correct abstracts of judgment that do not accurately reflect the oral judgment of the sentencing court?

California, United States of America


The following excerpt is from People v. Olson, C085617 (Cal. App. 2018):

appellate courts . . . that have properly assumed jurisdiction of cases have ordered correction of abstracts of judgment that did not accurately reflect the oral judgments of sentencing courts." (People v. Mitchell (2001) 26 Cal.4th 181, 185.)

Other Questions


Does the Court of Appeal have any authority to correct clerical errors in abstracts or abstracts that do not accurately reflect the judgment of the sentencing court? (California, United States of America)
Does the Court of Appeal have authority to order the correction of abstracts of judgment in a case where the abstracts do not accurately reflect the sentencing of a defendant? (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)
If an abstract of judgment fails to reflect the judgment pronounced by the trial court, can the abstract be corrected? (California, United States of America)
On a motion to amend the abstract of judgment in a personal injury case, what is the correct sentence in the abstracts of judgment? (California, United States of America)
When an abstract of judgment conflicts with the oral pronouncement of judgment, does the court have to correct the abstract? (California, United States of America)
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand? (California, United States of America)
If a court imposes a sentence that is unenforceable under section 1170.1, subdivision (i) of the California Criminal Code, can a reviewing court correct that sentence? (California, United States of America)
Does the abstract of judgment need to be corrected to reflect the intended sentence? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.