Conflicts Between the Reporter's and Clerk's Transcripts

In People v. Smith (1983) 33 Cal.3d 596, the California Supreme Court outlined the correct approach in resolving conflicts between the reporter's and clerk's transcripts. " 'It may be said . . . as a general rule that when, as in this case, the record is in conflict it will be harmonized if possible; but where this is not possible that part of the record will prevail, which, because of its origin and nature or otherwise, is entitled to greater credence. Therefore whether the recitals in the clerk's minutes should prevail as against contrary statements in the reporter's transcript, must depend upon the circumstances of each particular case.' " (Smith, at p. 599)