Error and/or relief
The abstract of judgment does not accurately state the sentence imposed. It reflects the imposition of a variety of fines and fees. The trial court struck all fines and fees pursuant to People v. Duenas (2019) 30 Cal.App.5th 1157 [regarding inability to pay] and ordered that anything that could not be stricken be stayed. Although we will affirm the trial court’s orders, we will remand with directions to correct the abstract of judgment.
Holding:
[GARY NOTE: There was no authority indicated in the opinion for the correction of the abstract. The error is so obvious that it hardly seems necessary to provide authority. Nonetheless, there is authority the court could have cited. The appellate court may direct the trial court to correct clerical errors in an abstract of judgment.Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185
Gary Note:
[Gary note: Duenas was disapproved by the California Supreme Court to the extent it was inconsistent with the Supreme Court’s decision in Kopp. Kopp is a must-read on the issue of the obligation of trial courts AND of the defendant (or defense counsel) regarding whether to impose certain fines and fees and the nature of the challenges available to the defendant. I have included the citation to Kopp below for your convenience, but it was not mentioned in this decision. Because of the nature of the issues raised in the brief, it was not necessary for the Court of Appeal to revisit the action of the trial court regarding imposition and staying or striking of fines and fees. The only issue was the inaccuracy of the abstract of judgment.]Authority:
People v. Kopp (2025) 19 Cal.5th 1