Error and/or relief
The trial court’s minutes reflect the waiver of fees that the court ordered waived. The abstract of judgment, however, imposes the court security fee and the criminal conviction assessment as financial obligations against defendant. It is clear in this case that the abstract of judgment does not reflect the oral pronouncement of judgment as to the court security fee and the criminal conviction assessment. The abstract of judgment must be corrected accordingly.
Holding:
Where there is a discrepancy between the oral pronouncement of judgment and the abstract of judgment, the oral pronouncement controls.
Authority:
People v. Zackery (2007) 147 Cal.App.4th 380, 385