Daily Archives: August 26, 2026

Abstracts and Minutes

Case 000650

Posted on by Gary McCurdy

Error and/or relief

The trial court, at resentencing, orally awarded the defendant credit for time served from his arrest to the date of resentencing, but those credits do not appear on the abstract of judgment. The abstract must be corrected.

First Holding:

[GARY Note: The court cited no authority for ordering that the abstract of judgment be corrected (probably because it is so obvious), but there is much authority that it could have cited, such as what I’ve laid out below.]

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 185 [courts may correct clerical errors at any time

People v. Gobert (2023) 89 Cal.App.5th 676, 689

People v. Scott (2012) 203 Cal.App.4th 1303, 1324

People v. Clark (2021) 67 Cal.App.5th 248, 260–261

People v. Delgado (2008) 43 Cal.4th 1059, 1070

People v. Leon (2020) 8 Cal.5th 831, 855

In re Black (1967) 66 Cal.2d 881, 890

People v. Zackery (2007) 147 Cal.App.4th 380, 385

People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2

Amelioration, Fines and fees, Sentencing

Case 000649

Posted on by Gary McCurdy

Error and/or relief

In 2025, the trial court resentenced defendant pursuant to section 1172.75—striking the two prior prison term enhancements—and otherwise reimposed the prior judgment from 1996, including a $10,000 restitution fine. The trial court erred by reimposing the restitution fine and it must be vacated.

First Holding:

Section 1465.9(d) provides: “Upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.” Resentencing does not reset the 10-year expiration of a section 1202.4 restitution fine.

Authority:

PEN 1465.9(d)

People v. Salstrom (2025) 117 Cal.App.5th 596, 600-601, review granted on other grounds Mar. 11, 2026, S295038

Abstracts and Minutes

Case 000648

Posted on by Gary McCurdy

Error and/or relief

The trial court must correct the minute order to accurately reflect that the defendant was committed under section Welfare and Institutions Code section 6500(c)(3) rather than under section 6500(c)(1) as shown in the minute order.

Holding:

A commitment under WIC 6500(c)(1), as erroneously reflected in the minute order, is for one year. A commitment under WIC 6500(c)(3), as ordered by the court, is for six months. Any variance between the oral pronouncement of judgment and the minute order or abstract of judgment is presumed to be clerical error, and the oral pronouncement controls. Courts have the authority to correct such clerical errors at any time.

Authority:

WIC 6500

People v. Mesa (1975) 14 Cal.3d 466, 471

People v. Mitchell (2001) 26 Cal.4th 181, 186–187

Appellate Principles, Fines and fees, Sentencing

Case 000647

Posted on by Gary McCurdy

Error and/or relief

The court should have granted the defendant’s motion to vacate the restitution fine, which was more than 10 years old.

First Holding:

Effective January 1, 2025, AB 1186 (Stats. 2024, ch. 805, sec. 1) amended section 1465.9 to add subdivision (d). The statute now provides: “Upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.”

Authority:

PEN 1465.9(d)

Second Holding:

Defendant’s restitution fine was effectively vacated when section 1465.9(d) went into effect. The defendant’s motion, however, was filed a few months before the law took effect. For the statute to apply, it is not clear that a motion is even required, as the law declares the fine uncollectible and that any portion of a judgment imposing those fines is to be vacated. In the interests of judicial economy, we will direct the trial court to correct the abstract of judgment to reflect that the restitution fine has been vacated.

Authority:

In re Mattison (2025) 115 Cal.App.5th 1062, 1069

Amelioration, Duty of the court, Fines and fees, Sentencing

Case 000646

Posted on by Gary McCurdy

Error and/or relief

On resentencing under section 1172.75, the court should have vacated the restitution fine, as it was more than 10 years old.

Holding:

Effective January 1, 2025, AB 1186 (Stats. 2024, ch. 805, sec. 1) amended section 1465.9 to add subdivision (d). The statute now provides: “Upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.” The resentencing pursuant to section 1172.75 did not restart section 1465.9’s 10-year clock anew.

Authority:

PEN 1465.9(d)

People v. Salstrom (2025) 117 Cal.App.5th 596, 600, review granted and briefing deferred on a different issue, March 11, 2026, S295038