People v. Hayward CA1/5

BACKGROUND

In March 2013, appellant pled no contest to grant theft (Pen. Code, § 487, subd. (a); count one) and fraud (id., § 532, subd. (a); count two). According to the probation report, appellant induced an acquaintance to loan him approximately $80,000 by showing her fraudulent documents supposedly demonstrating his ability to repay the loan. The trial court sentenced appellant to two years imprisonment. The probation report recommended sentence on count two be stayed pursuant to Penal Code section 654. At the sentencing hearing, the court made no oral pronouncement with respect to count two. The minute order for the hearing, however, provides the sentence on count two is stayed.

DISCUSSION

Appellant contends the trial court’s failure to orally pronounce that the sentence on count two is stayed was not corrected by the minute order, and we should therefore remand to the trial court to make this oral pronouncement.1 We disagree. If there is a conflict between the reporter’s transcript and the clerk’s transcript, “the modern rule is not automatic deference to the reporter’s transcript, but rather adoption of the transcript due more credence under all the surrounding…