Filed 4/4/18 P. v. Debell CA3
NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(San Joaquin)
----


THE PEOPLE,

Plaintiff and Respondent,

v.

LAURA MERIDEL DEBELL,

Defendant and Appellant.
C084339

(Super. Ct. No. MANCRFE20160004191)



Defendant Laura Meridel Debell contends the abstract of judgment does not correctly state the number of days of credit awarded by the trial court during its pronouncement of judgment. The People concede, and we will order the trial court to correct the abstract of judgment.
FACTS AND PROCEEDINGS
On November 3, 2016, defendant pleaded no contest to possessing methamphetamine for sale. (Health & Saf. Code, § 11378.) On December 6, 2016, the trial court sentenced defendant to two years in state prison, suspended execution of the sentence, and placed defendant on five years’ probation.
On February 2, 2017, defendant was found to be in violation of probation. On February 14, 2017, the trial court lifted the stay on defendant’s two-year sentence, with the sentence split to 18 months in county jail and six months under mandatory supervision. (Pen. Code, § 1170, subd. (h).) The trial court awarded 140 days of actual credit and 140 days of conduct credit. The abstract of judgment states only 140 total days of credit.
DISCUSSION
It has long been held that where there is a discrepancy between the oral pronouncement of judgment, the minute order, and the abstract of judgment, the oral pronouncement controls. (People v. Mesa (1975) 14 Cal.3d 466, 471; People v. Mitchell (2001) 26 Cal.4th 181, 185.) We shall order the trial court to correct the abstract of judgment to reflect the total days of credit awarded.
DISPOSITION
The trial court is directed to prepare a corrected abstract of judgment and to forward a certified copy to the Department of Corrections and Rehabilitation. The judgment is otherwise affirmed.



HULL , Acting P. J.


We concur:



MURRAY , J.



DUARTE , J.