Error and/or relief
We remand to the trial court for resentencing to determine the fines and fees and order them on the record.
First Holding:
The probation report recommended a $10,000 restitution fine, a $10,000 parole revocation fine, and an $80 court security fee. The sentencing minute order and the abstract of judgment reflect these amounts. But the transcript does not reflect that the court ordered appellant to pay these fines and fees. The trial court is responsible for determining the fines and fees and its oral pronouncement controls over any inconsistent minute order.
Authority:
People v. El (2021) 65 Cal.App.5th 963, 967
Second Holding:
No parole revocation fine shall be imposed if the defendant is sentenced to life without parole.
Authority:
PEN 1202.45
People v. Jenkins (2006) 140 Cal.App.4th 805, 819