Is there any case law where the Attorney General has identified two discrepancies between the pronouncement of sentence and the abstract of judgment?

California, United States of America


The following excerpt is from People v. Demacedo, A144919 (Cal. App. 2018):

Finally, the People have identified two discrepancies between the court's oral pronouncement of sentence and the abstract of judgment. "[W]here, as here, the Attorney General identifies an evident discrepancy between the abstract of judgment and the judgment that the reporter's transcript and the trial court's minute order reflect, the appellate court itself should order the trial court to correct the abstract of judgment." (People v. Mitchell (2001) 26 Cal.4th 181, 188.)

Other Questions


Does the Attorney General's abstract of judgment reflect the oral pronouncement that defendant's sentence for the offense charged as count 4 is to be served concurrently with the base term count? (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)
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)
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)
Does the Attorney General have an obligation to reverse the judgment of Justice Trimble v Attorney General? (California, United States of America)
Does the Attorney General have a valid case to argue that the only circumstances in aggravation listed in both the probation report and the sentencing memorandum submitted by the district attorney are the circumstances in which the sentence was imposed? (California, United States of America)
What are the consequences if the Attorney General's office identifies a series of sentencing "defects" in the sentencing of a defendant? (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)
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 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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.