When a clerk's transcript conflicts with a reporter's transcript, does the court have to harmonize the two records?

California, United States of America


The following excerpt is from B.P. v. Superior Court of Stanislaus Cnty., F074046 (Cal. App. 2016):

"When a clerk's transcript conflicts with a reporter's transcript, the question of which of the two controls is determined by consideration of the circumstances of each case." (People v. Malabag (1997) 51 Cal.App.4th 1419, 1422-1423.) " 'It may be said ... as a general rule that when ... the record is in conflict it will be harmonized if possible; but where this is not possible that part of the record will prevail, which, because of its origin and nature or otherwise, is entitled to greater credence [citation].' " (People v. Smith (1983) 33 Cal.3d 596, 599.) Under the circumstances of this case, we find the reporter's transcript is entitled to greater credence relative to the court's intentions, given

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the juvenile court's lengthy discussion of its intent to proceed under section 366.26, subdivision (b)(7).

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