In what circumstances will a judge orally pronounce and impose a sentence?

California, United States of America


The following excerpt is from People v. Phariss, F073809 (Cal. App. 2018):

In case 314, Phariss was sentenced on November 19, 2013, pursuant to section 1170, subdivision (h), which provides in part that when imposing a sentence, a trial court "shall suspend execution of a concluding portion of the term for a period selected at the trial court's discretion." ( 1170, subd. (h)(5)(A).) The trial court here selected four years as the portion of the term to be served on mandatory supervision. The suspended concluding portion of a sentence is known as mandatory supervision. (People v. Borynack (2015) 238 Cal.App.4th 958, 963.)

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In criminal cases, "judgment is synonymous with the imposition of sentence." (People v. Perez (1979) 23 Cal.3d 545, 549, fn. 2.) The trial court orally pronounced and imposed sentence in case 314 on November 19, 2013. Judgment in case 314 was rendered on November 19, 2013. (People v. Karaman (1992) 4 Cal.4th 335, 344, fn. 9 [judgment is rendered when the trial court orally pronounces sentence].)

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