What is the difference between the abstract and the actual judgment in a criminal case?
California, United States of America
The following excerpt is from People v. Lopez, D074075 (Cal. App. 2019):
"In a criminal case, it is the oral pronouncement of sentence that constitutes the judgment." (People v. Scott (2012) 203 Cal.App.4th 1303, 1324, italics omitted.) "As
Page 6
with other clerical errors, discrepancies between an abstract and the actual judgment as orally pronounced are subject to correction at any time, and should be corrected by a reviewing court when detected on appeal." (Ibid., citing People v. Mitchell (2001) 26 Cal.4th 181, 188.)
"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
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)
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)
What is the effect of the Court of Appeal's decision making process in determining whether or not to order a minute order or abstract of judgment in a criminal case? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
Is a clerical error in the abstract of judgment for determinate sentences in a criminal case sufficient to be corrected on appeal? (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 any authority to strike "person present" from the abstract of judgment in a criminal case? (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)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
What is the difference between several and joint liability in the abstract of judgment in a personal injury case? (California, United States of America)
