Error and/or relief
There are clerical errors in the abstract of judgment and sentencing minute order that must be corrected.
First Holding:
Contrary to the abstract of judgment and sentencing minute order, there was no order for direct victim restitution, and the defendant was not sentenced under section 667.7. Further, they reflect presentence conduct credits that he is not entitled to as a result of his crimes of conviction and was not awarded by the court. The court is ordered to correct those errors in the abstract of judgment and the sentencing minute order.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185
Second Holding:
The defendant requests that we remand under Kopp for the trial court to consider the defendant’s ability to pay the standard assessments imposed under section 1465.8 and Government Code section 70373. He did not object to the standard assessments below and forfeited the claim.
Although Kopp was decided after the sentencing hearing, Dueñas was decided before. Dueñas held that a defendant may object to the imposition of standard assessments under section 1465.8 and Government Code section 70373 due to an inability to pay. Thus, an objection would have been supported by substantive law in existence at the time of the hearing; by failing to object, he forfeited the claim.
Authority:
People v. Kopp (2025) 19 Cal.5th 1
People v. Welch (1993) 5 Cal.4th 228, 237–238 [failing to object excused if objection wholly unsupported by substantive law then in existence]
People v. Dueñas (2019) 30 Cal.App.5th 1157, 1168
(Gary note: Be careful when relying on Duenas. While it may not have been completely overruled by Kopp, at least portions of its reasoning were disapproved by Kopp. Footnote 17 of Kopp states (I have deleted the Cal.Rptr. citations), “We disapprove the following cases to the extent they are inconsistent with our opinion: People v. Cowan (2020) 47 Cal.App.5th 32 …; People v. Belloso (2019) 42 Cal.App.5th 647 …; People v. Castellano (2019) 33 Cal.App.5th 485 …; People v. Dueñas, supra, 30 Cal.App.5th 1157.”)