Error and/or relief
In light of Kopp, which was decided while this appeal was pending, we will remand for reconsideration of the restitution and parole revocation fines.
First Holding:
We note that the abstract of judgment indicates that the restitution and parole revocation fines were $300 each, yet the trial court in its oral pronouncement imposed restitution and parole revocation fines of $1,800 each. Ordinarily, the oral pronouncement of judgment controls.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185
Second Holding:
Here, however, the trial court imposed a restitution fine (and corresponding parole revocation fine) exceeding the statutory minimum before the recent guidance issued by the Supreme Court in Kopp. Because the record is silent as to whether the trial court considered the defendant’s ability to pay or any other excessive fine factor, we will vacate those fines and remand for further proceedings in light of Kopp.
Authority:
People v. Kopp (2025) 19 Cal.5th 1