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
The following excerpt is from People v. Grimes, G052926 (Cal. App. 2017):
When an abstract of judgment conflicts with the trial court's oral pronouncement of judgment, it is the court's oral pronouncement that prevails. (People
Page 19
v. Mitchell (2001) 26 Cal.4th 181, 185-186.) We shall order a correction to the abstract of judgment. (Ibid.)
"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
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)
Does the Court of Appeal have any authority to correct clerical errors in abstracts or abstracts that do not accurately reflect the judgment of the sentencing court? (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)
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)
Does a judge have to correct abstracts of judgment that do not accurately reflect the oral judgment of the sentencing court? (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)
Can a court correct an abstract of judgment that does not reflect the actual sentence imposed in the trial judge's verbal pronouncement? (California, United States of America)
Does the Court have authority to correct a clerical error in the abstract of judgment where the sentence for count 1 of a charge has been stayed pursuant to section 654 of the California Criminal Code? (California, United States of America)
Does the Court have to correct an entry in the minute order or abstract of judgment under section 654 of the Criminal Code? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
