Error and/or relief
The abstract of judgment must be amended to make clear the trial court found an inability to pay fees and fines, and to provide the correct number of prejudgment credit days.
First Holding:
At sentencing, the trial court found that the defendant did not have the ability to pay the court fees. The abstract of judgment, however, imposes a court security fee of $200 and a criminal conviction assessment of $150. We will direct the trial court to amend the abstract of judgment accordingly.
Authority:
People v. Costella (2017) 11 Cal.App.5th 1, 10
Second Holding:
Based on counsel’s representations, the court awarded credit for actual days served that was 30 days less than he actually served. Therefore, the court’s minute order should be corrected to reflect the proper number of credit days, and the abstract of judgment should be amended accordingly.
[GARY NOTE: The court did not cite any authority for this correction, but there is plenty. I have listed authority the court could have cited.]Authority:
PEN 2900.5
People v. Chilleli (2014) 225 Cal.App.4th 581, 591 [The failure to properly calculate custody and conduct credit is a jurisdictional error that can be corrected at any time]
People v. Taylor (2004) 119 Cal.App.4th 628, 647
People v. Acosta (1996) 48 Cal.App.4th 411, 428, fn. 8