Error and/or relief
Having sentenced the defendant to a term of life without the possibility of parole, it was error to impose the parole revocation restitution fine. The abstract of judgment must be corrected to conform to the oral pronouncement regarding the sentence imposed on the prior convictions.
First Holding:
Because defendant was also sentenced to LWOP, the court should not have imposed the parole revocation restitution fine.
Authority:
PC 1202.45
People v. McInnis (2021) 63 Cal.App.5th 853, 866-867
Second Holding:
The abstract of judgment inaccurately reflects the total number of years imposed for the prior serious felony enhancements requiring correction. The defendant’s determinate abstract of judgment inaccurately reflects a total of 25 years of prior serious felony enhancements, broken out as 20 years on first line and 5 years on the second line. The trial court imposed four five-year prior serious felony enhancements for a total of 20 years on the murder count. We will direct the trial court to prepare an amended determinate abstract of judgment to correct this mathematical error.
[GARY NOTE: The court did not cite any authority for correction of the abstract of judgment, but plenty exists. The court did not cite the case, but it could have cited.]Authority:
People v. Delgado (2008) 43 Cal.4th 1059, 1070
People v. Mitchell (2001) 26 Cal.4th 181, 185
People v. Jones (2012) 54 Cal.4th 1, 89