Error and/or relief
The abstract of judgment erroneously included the court operations fee and the criminal conviction fee that the trial court waived. The abstract of judgment should be modified to reflect that those fees were waived by the court.
Holding:
[Gary note: the court included no citation of authority, but the law is clear that an incorrect abstract of judgment must be corrected to reflect the actual judgment. I have provided as authority some cases the court could have relied on.]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