Error and/or relief
The abstract of judgment must be corrected to reflect that the court orally waived all fines and fees at resentencing.
First Holding:
Because the trial court expressly stated its intent to waive all discretionary fines and fees, which includes restitution fines, we conclude the court did not impose restitution fines under section 1202.4 or parole revocation fines under section 1202.45. The abstract of judgment must be corrected to reflect the judgment orally imposed.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185 [courts may order correction of abstracts of judgment that do not reflect the oral judgments of sentencing courts]
People v. Zackery (2007) 147 Cal.App.4th 380, 385 [Where there is a discrepancy between the oral pronouncement of judgment and the abstract of judgment, the oral pronouncement controls]
Second Holding:
The restitution fine, although including a minimum fine, is discretionary in that it permits the trial court to decline to impose it for compelling and extraordinary reasons.
Authority:
PEN 1202.4(b)
People v. Tillman (2000) 22 Cal.4th 300, 303