Error and/or relief
At the resentencing hearing, the trial court imposed a $300 restitution fine under section 1202.4, but because defendant is serving terms of LWOP, the court did not impose a parole revocation restitution fine under section 1202.45. The minute order and abstract of judgment, however, reflect a parole revocation restitution fine was imposed and suspended. They must be corrected.
Holding:
Where there is a discrepancy between the oral pronouncement of judgment and the abstract of judgment, the oral pronouncement controls, and we may correct a clerical error in recording the judgment at any time. Consequently, we will direct the trial court to correct the minute order and abstract of judgment to omit reference to imposition of a parole revocation restitution fine under section 1202.45.
Authority:
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Mitchell (2001) 26 Cal.4th 181, 185