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 40 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. We will be there when you call.
AUTHOR: Paul Wallin
Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney.
Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.
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