People v. Gallon CA4/1

DISCUSSION

I. The Written Probation Order

We accept the People’s concession that the written order granting formal probation should be amended to strike probation conditions 6(n), 14(a) and 14(b) to conform to the court’s oral pronouncement. “In a criminal case, it is the oral pronouncement of sentence that constitutes the judgment.” (People v. Scott (2012) 203 Cal.App.4th 1303, 1324.) “Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls.” (People v. Zackery (2007) 147 Cal.App.4th 380, 385; People v. Mesa (1975) 14 Cal.3d 466, 471 [rendition of judgment is an oral pronouncement; the record of the oral pronouncement of the court controls over the clerk’s minute order and abstract of judgment].) The written order should likewise be amended to reflect that the court ordered Gallon to pay $25 monthly toward the imposed fines, fees and assessments beginning six months after her release from local custody.

II. Assembly Bill No. 1869

At the sentencing hearing, the trial court imposed fines, fees and assessments “as stated in the probation report,” including a $154 criminal justice…