Error and/or relief
The matter is remanded for limited resentencing proceedings concerning the imposition of mandatory ancillary costs under Penal Code section 1465.8 and Government Code section 70373, both of which were omitted from the trial court’s original oral sentencing pronouncements.
First Holding:
The sentencing hearing transcript shows the trial court only imposed restitution and parole revocation fines, both in the amount of $500. The court purported to waive all fees and other fines without providing an explanation. Yet, the minute order and the indeterminate abstract of judgment indicate an imposed $200 court security fee pursuant to Penal Code section 1465.8, as well as a $150 criminal conviction assessment pursuant to Government Code section 70373.
The court security fee and the criminal conviction assessment are properly characterized as ancillary costs. That is, they are funding mechanisms created by the Legislature to raise funds for court operations and facilities; they are not punitive in nature. Imposition of these ancillary costs is mandatory for every criminal conviction except parking offenses. However, due to a robust fee waiver system in civil cases for the same types of ancillary costs, the unavailability of a fee waiver in criminal cases violates equal protection guarantees. Upon request by a criminal defendant, a trial court must consider a defendant’s inability to pay before imposing a court operations assessment under section 1465.8(a)(1) or a court facilities assessment under Government Code section 70373(a)(1). This includes allowing the parties to present and contest any relevant evidence or argument on the question.
Authority:
People v. Kopp (2025) 19 Cal.5th 1, 11, 14-15, 26-27, 30
Second Holding:
[Gary Note: The court sidestepped the issue because it remanded for a Kopp hearing, but oral pronouncements prevail over written orders. The court has the authority to order corrections where the abstract of judgment or minute order does not reflect exactly what the court ordered. Had the court decided to order the correction, there are many cases it could have chosen from as authority. I have set forth a few below. Again, the discrepancy was moot in this case.]Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185
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