What Happens When a Judge Miscalculates a Pronounced Sentence?

When a trial court states the defendant’s sentence, but the minute order and the abstract of judgment indicate a different length of prison term, the latter would prevail over the reporter’s transcript and oral statement of the sentence by the judge if it contains a proper calculation of the defendant’s prison term.

In People v. Thompson (2009) 180 cal. App, 4th 974, the court has concluded that when the record of the defendant’s sentence is in conflict and cannot be harmonized, part of the record will prevail, which, because of its origin and nature, is entitled to greater credence. The court of appeal has reviewed the minute order, reporter’s transcript, the abstract of judgment, and its own calculations of the proper sentence. At the end, the minute order and the abstract of judgment reflected a correct calculation of the defendant’s prison term.

If you or a loved one has been charged with a crime, it is important that you talk to an experienced Ventura County criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of matters. We will aggressively defend your rights and make sure the court does not make any mistakes in your case. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.