Filed 7/15/22 P. v. Correa CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

GARY GEORGE CORREA,

Defendant and Appellant.

 H048702

 (Santa Clara County

 Super. Ct. No. C1920828, C1914753)

MEMORANDUM OPINION1

Appellant Gary George Correa pleaded no contest in two separate cases and was 

granted probation pursuant to a negotiated plea agreement. On appeal, the parties agree

that the trial court, in pronouncing sentence, failed to order the dismissal of alleged 

sentencing enhancements, although the trial court’s minute orders reflect the dismissal of 

these allegations. On this record, we deem the minute orders to prevail over the trial 

court’s oral pronouncement. We therefore affirm the orders granting probation as 

reflected in the minute orders.

On October 7, 2020, Correa entered a negotiated plea agreement in case numbers

C1914753 and C1920828 whereby he agreed to plead no contest felony vandalism (Pen. 

1 We resolve this case by memorandum opinion under California Standards of 

Judicial Administration, section 8.1. (See also, People v. Garcia (2002) 97 Cal.App.4th 

847, 852-855.)
2

Code, § 594, subd. (b)(1)),2 misdemeanor petty theft (§ 484), brandishing a weapon 

(§ 417, subd. (a)(1)), and manufacturing a weapon (§ 4502, subd. (b)). In exchange, the 

People agreed to dismiss all remaining counts, enhancements, and allegations in both 

cases. The parties also agreed that Correa would be on probation for up to five years, 

supervised by the mental health treatment court, and serve one year in jail, modifiable by 

the mental health treatment court. At the change of plea hearing, the People indicated 

that it would “move to strike both [of Correa’s] strikes” at the sentencing hearing. 

At the sentencing hearing on November 12, 2020, the trial court indicated its 

tentative decision to follow the parties’ negotiated agreement. There being no objection, 

the trial court then sentenced Correa in both cases by placing him on three years’ 

probation and imposing a one-year jail term modifiable by the mental health treatment 

court. The trial court dismissed the remaining substantive counts in both cases but

neglected to state on the record its disposition of the alleged enhancements. The trial 

court’s minute orders, however, reflect the dismissal of all remaining enhancements and 

allegations in both cases.3

Generally, when the oral pronouncement of judgment conflicts with the minute 

order, the oral pronouncement controls. (People v. Farrell (2002) 28 Cal.4th 381, 384, 

fn. 2.) Under “the modern rule,” however, even where the minute order and the 

transcribed oral pronouncement cannot be reconciled, “the part of the record that will 

prevail is the one that should be given greater credence in the circumstances of the case.” 

(People v. Pirali (2013) 217 Cal.App.4th 1341, 1346; People v. Smith (1983) 33 Cal.3d 

596, 599.) 

2 Unspecified statutory references are to the Penal Code.

3

In case number C1914753, the minute order reflects dismissal of the following 

allegations: two prior strike convictions (§ 1170.12), one prior serious felony conviction 

(§ 667, subd. (a)), and one prior prison term (§ 667.5, subd. (b)). In case

number C1920828, the minute order reflects dismissal of two allegations of prior strike

convictions (§ 1170.12). 
3

Here, the circumstances make clear the trial court’s intention to dismiss the 

remaining allegations, which in turn lends greater credence to the minute orders. The 

trial court granted probation as it had indicated in its tentative decision, and the grant of 

probation would have been unauthorized absent dismissal of certain allegations. (See, 

e.g., § 1170.12, subd. (a)(2) [probation cannot be granted when a defendant has a prior 

strike conviction]; § 667, subd. (c)(2) [probation cannot be granted if defendant has prior 

serious felony conviction].) Under these circumstances, we deem the minute orders to 

prevail over the reporter’s transcript. (People v. Cleveland (2004) 32 Cal.4th 704, 768; 

People v. Thompson (2009) 180 Cal.App.4th 974, 978.) 

Although Correa asks that we “modify the judgment,” the grant of probation 

obviated the need for an abstract of judgment, and the operative written orders 

memorializing that grant of probation are the minute orders. Because those minute orders 

already conform to the parties’ agreement, there is no need for further modification. 

DISPOSITION

The correct sentences are reflected in the minute orders dated November 12, 2020,

in case numbers C1914753 and C1920828, which prevail over the sentences as stated in 

the reporter’s transcript. As such, the orders granting probation are affirmed.
____________________________

LIE, J.

WE CONCUR:

____________________________

GREENWOOD, P.J.

_____________________________

GROVER, J.

People v. Correa

H048702