(a)(1)When a probationary order or a judgment, other than of death, has been pronounced, a copy of the entry of that portion of the probationary order ordering the defendant confined in a city or county jail as a condition of probation, or a copy of the entry of the judgment, or, if the judgment is for imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, either a copy of the minute order or an abstract of the judgment as provided in Section 1213.5, certified by the clerk of the court, and a Criminal Investigation and Identification (CII) number shall be forthwith furnished to the officer whose duty it is to execute the probationary order or judgment, and no other warrant or authority
is necessary to justify or require its execution.
(2)When a person has been resentenced and there is a reasonable basis to believe the remaining time to serve in custody is less than 30 days, the information described in paragraph (1) shall be furnished to the executing officer within 24 hours. The information may be furnished by electronic means.
(b)If a copy of the minute order is used as the commitment document, the first page or pages shall be identical in form and content to that prescribed by the Judicial Council for an abstract of judgment, and other matters as appropriate may be added thereafter.
Notes of Decisions
Uriel Gonzalez v. Stuart Sherman, 873 F.3d 763 (9th Cir. 2017).
“See Cal. Penal Code § 1213 (a). By statute, the abstract of judgment must reflect the sentence, including the “[t]otal number of days to be credited” against the term of imprisonment imposed by the sentencing court.”
People v. Clytus, 209 Cal. App. 4th 1001 (Cal. Ct. App. 2012).
· cites it 2× “Specifically, Penal Code section 1213 was amended to require courts to provide custody officials with abstracts of *1012 judgments in all felony cases resulting in county jail commitments under newly added Penal Code section 1170(h).”
People v. Brown, 11 Cal. App. 5th 332 (Cal. Ct. App. 2017).
“(Pen. Code, §§ 1213, subd. (a), 1216.) Miller, J.”
People v. Lopez, 14 Cal. Rptr. 3d 202 (Cal. Ct. App. 2004).
“[] VI DISPOSITION The judgment is affirmed. The trial court is directed to amend the sentencing minute order and the abstract of judgment as indicated in part V.”
People v. Blackburn, 86 Cal. Rptr. 2d 134 (Cal. Ct. App. 1999).
“(Pen.Code, §§ 1213, 1216.) RAMIREZ, P.J., and HOLLENHORST, J.”
People v. Sanchez, 179 Cal. App. 4th 1297 (Cal. Ct. App. 2009).
“(Pen. Code, §§ 1213, 1216.) Hollenhorst, Acting P.”
People v. Brown, 6 Cal. App. 5th 1074 (Cal. Ct. App. 2016).
“The clerk of the superior court is directed to prepare an *1089 amended sentencing minute order and an amended abstract of judgment and to forward a certified copy of the amended abstract to the Department of Corrections and Rehabilitation.”
People v. Toure, 232 Cal. App. 4th 1096 (Cal. Ct. App. 2015).
“While it is proper for a court to pronounce judgment in terms of “imposing a term” and “staying punishment,” it is incorrect to indicate in the minutes or abstract that the sentence thus imposed mns “consecutive,” as well.”
Anaya-Ortiz v. Mukasey, 553 F.3d 1266 (9th Cir. 2009).
“3d 1040, 1042 (2001); Cal.Penal Code § 1213(a) (requiring, in most cases, that a minute order or abstract of judgment be furnished to the officer charged with executing a court’s probationary order or judgment).”
People v. Flower, 62 Cal. App. 3d 904 (Cal. Ct. App. 1976).
“(Pen. Code, § 1213.) This abstract must contain certain information, but there is no requirement of a recommendation directly regarding the appropriateness of invoking section 11190 et seq.”
People v. Montalvo, 128 Cal. App. 3d 57 (Cal. Ct. App. 1982).
“(Pen. Code, § 1213.) The failure of the trial court to do so has ceased to be material due to subsequent events.”
People v. Crockett, 222 Cal. App. 3d 258 (Cal. Ct. App. 1990).
“2d 293 ]; Pen. Code §§ 1213, 1213.5, 1216, 2900.) (7) The state has the burden of proving defendants "suffered" a prior conviction as specified in Penal Code section 667.”
— Cal. Penal Code § 1213(a) — 1 case
Anaya-Ortiz v. Mukasey, 553 F.3d 1266 (9th Cir. 2009).
“3d 1040, 1042 (2001); Cal.Penal Code § 1213(a) (requiring, in most cases, that a minute order or abstract of judgment be furnished to the officer charged with executing a court’s probationary order or judgment).”
— Cal. Penal Code § 1213(b) — 1 case
People v. Clytus, 209 Cal. App. 4th 1001 (Cal. Ct. App. 2012).
“Specifically, Penal Code section 1213 was amended to require courts to provide custody officials with abstracts of *1012 judgments in all felony cases resulting in county jail commitments under newly added Penal Code section 1170(h).”
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