Does the abstract of judgment need to conform to the oral pronouncement of judgment?
California, United States of America
The following excerpt is from People v. Hidalgo-Villareal, G058562 (Cal. App. 2020):
In this appeal, defendant asserts a single issue, to wit, the need to correct the abstract of judgment to accurately reflect the judgment pronounced by the court. (See People v. Mitchell (2001) 26 Cal.4th 181, 184 [abstract of judgment should conform to oral pronouncement of judgment].) The Attorney General (by a one-paragraph letter, declining to file a respondent's brief) agrees this error should be fixed. We agree.
"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
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)
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)
Does the mere pronouncement of sentence or denial of probation before judgment has not preclude the granting of probation after judgment has been pronounced or affirmed on appeal? (California, United States of America)
Does the Attorney General have the authority to modify the abstract of judgment to clearly reflect the oral pronouncement of judgment? (California, United States of America)
When there is a discrepancy between the abstract of judgment and the trial court's oral pronouncement of judgment, does the court have to rely on the reporter's transcript? (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)
Does the abstract of judgment need to be amended to reflect the oral pronouncement of the trial court? (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)
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)
What is the difference between the pronouncement of a sentence and the order or abstract of judgment in a criminal case? (California, United States of America)
