When a judge makes a judgment in a minute order, does the judge have to deliver the abstract in an oral order?
California, United States of America
The following excerpt is from People v. Alvarez, F065065 (Cal. App. 2014):
When the oral pronouncement of judgment varies from the minute order, the oral pronouncement controls because "Entering the judgment in the minutes being a clerical function [citation], a discrepancy between the judgment as orally pronounced and as entered in the minutes is presumably the result of clerical error." (People v. Mesa (1975) 14 Cal.3d 466, 471.) We will direct that the clerical error in the minute order and the abstract of judgment be corrected.
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