Does the Court have to correct an entry in the minute order or abstract of judgment under section 654 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Garcia, B255566 (Cal. App. 2015):

The entry in the minute order is erroneous, as the trial court made no determination under section 654. (See People v. Zackery (2007) 147 Cal.App.4th 380, 385 ["Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls."].) Generally, when the abstract of judgment contains such an error, it should be corrected, as the abstract of judgment ordinarily effectuates the defendant's commitment to prison. (People v. Mitchell (2001) 26 Cal.4th 181, 185; 1213, subd. (a).) Because the sentencing hearing minute order may also facilitate that commitment in some circumstances ( 1213, subds. (a), (b)), we conclude the minute order must be corrected by deleting the phrase italicized above.

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F. Custody Credits

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