Error and/or relief
On resentencing under section 1172.75, the restitution fine should not have been reimposed. The abstract of judgment reflects a parole revocation restitution fine that was not imposed. We will modify the judgment to vacate the restitution fine and direct that the trial court prepare an amended abstract of judgment removing the restitution fine and parole revocation restitution fine.
First Holding:
On resentencing, the court reimposed the original $5000 restitution fine, over the defendant’s objection that he had already paid it. Effective January 1, 2025, section 1465.9(d) provides that 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. Here, the trial court reimposed defendant’s original fines, including a $5,000 restitution fine, 30 years after they were originally imposed. Therefore, any unpaid portion remaining on the $5,000 restitution fine must be vacated. The defendant advised the trial court that he had paid it in full, but regardless, any order regarding any remaining unpaid balance shall be vacated.
Authority:
PEN 1465.9(d)
People v. Salstrom (2025) 117 Cal.App.5th 596, 600-601, review granted Mar. 11, 2026, S295038 on another point
Second Holding:
The abstract of judgment lists a parole revocation fine of $5,000, but it was not ordered by the court. The abstract must be corrected accordingly.
[GARY note: The court cited no authority for its directive that the abstract of judgment be corrected. Likely because the error and cure seem so obvious. But there is plenty of authority for the court’s order, and I have set out some below.]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