Error and/or relief
The abstract of judgment contained numerous errors and must be corrected. In addition, the judge did not specify which fines and fees he was not going to impose, and the judge failed to impose certain fees that are mandatory. Remanded for the judge to orally ponounce the fines and fees it intends to impose.
Holding:
The judgment against a defendant in a felony case must be pronounced by the court with the defendant, or an attorney for the defendant, present. Fines and fees, as part of the judgment, must be orally pronounced and cannot be simply added to the judgment later outside defendant’s presence. Where there is a discrepancy between the oral pronouncement and the abstract of judgment, the oral pronouncement controls.
Authority:
PEN 1191
PEN 1193
People v. Zackery (2007) 147 Cal.App.4th 380, 388-389
People v. Mesa (1975) 14 Cal.3d 466, 471