State v. D.Z.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 09-30-2015
  • Case #: A157543
  • Judge(s)/Court Below: Ortega, P.J. for the Court; Lagesen, J.; & Garrett, J.
  • Full Text Opinion

When a trial court's written order is inconsistent with its oral findings, it may be vacated and remanded for entry of a correct written order, where the written form is highly susceptible to clerical error.

Appellant seeks reversal of an order committing her for a period not to exceed 180 days. At trial, the court's oral ruling and written findings were inconsistent, and appellant argued on appeal the ruling should be vacated. The Court held that although generally it would be bound by the written order of the trial court, an exception may be made under the present circumstances, where the error was purely clerical and the written form used (a check-the-box form) was highly susceptible to error. The written order was vacated to allow a corrected order to be entered. Vacated and remanded.

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