People v. Hernandez CA4/2

California Court of Appeal Mar 17, 2021 No. E074760Unpublished

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Holding. The court held that a discrepancy between a trial court's oral pronouncement of sentence and the minute order constitutes a clerical error that the appellate court may order corrected without remanding the case.

Issues

Whether a minute order that includes a firearm prohibition not mentioned in the trial court's oral pronouncement of sentence must be corrected.

Disposition. Affirmed with directions

Quotations verified verbatim against the opinion

“Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls.”

“Courts may correct clerical errors at any time, and appellate courts . . . that have properly assumed jurisdiction of cases,” may order these clerical errors corrected.”

Filed 3/17/21 P. v. Hernandez CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E074760

v. (Super.Ct.No. BAF1901182)

JUSTIN PAUL HERNANDEZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge.

Affirmed with directions.

David Zarmi, under appointment by the Court of Appeal, for Defendant and

Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Robin Urbanski and Meredith S.

White, Deputy Attorneys General, for Plaintiff and Respondent.

On December 23, 2019, Justin Paul Hernandez pleaded guilty to possession of

methamphetamine for sale. (Health and Saf. Code, § 11378.) The court sentenced him to

16 months, doubled to 32 months for a prior strike conviction. (Pen. Code, §§ 667,

subds. (b)-(i), 1170.12.) Hernandez timely appealed the judgment.

On appeal, Hernandez argues the minute order of his sentence does not conform

People v. Hernandez CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

JUSTIN PAUL HERNANDEZ, OPINION

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DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAPHAEL J.

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