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Name: People v. Zackery
Case #: C051431
Opinion Date: 02/01/2007
Citation: 147 Cal.App.4th 380

Following Zackery’s sentencing, the court clerk included in the minutes and abstract of judgment some provisions that were not in the judge’s pronouncement of sentence, including a plea of no contest to Count 3, Zackery had not in fact entered, and terms of probation not pronounced by the court. The appellate court modified the judgment to strike the sentence on Count 3 and ordered the trial court to prepare amended minutes to reflect the corrections noted in the opinion. Where there is a discrepancy between the oral pronouncement of the judgment and the minute order or abstract of judgment, the oral pronouncement controls. A clerk cannot supplement the judgment the court actually pronounced by adding provisions to the minute order or abstract.