Error and/or relief
The abstract of judgment must be corrected, as the fines and fees it lists were not ordered by the court.
Holding:
At sentencing, the trial court imposed the prison sentence and awarded custody credits, but did not impose any fines or fees on the record. The abstract of judgment, however, lists a $300 restitution fine, a $300 parole revocation fine, suspended unless parole is revoked, a $40 court operations fee, and a $30 criminal conviction assessment fee. Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls.
If the clerk includes fines in the court’s minutes or the abstract of judgment that were not part of the oral pronouncement of sentence, those fines must be stricken from the minutes and the abstract of judgment.Courts may correct clerical errors at any time, and appellate courts (including this one) that have properly assumed jurisdiction of cases have ordered correction of abstracts of judgment that did not accurately reflect the oral judgments of sentencing courts. Because the trial court did not orally impose any fines or fees, we order the court to prepare a corrected abstract of judgment striking the fines and fees.
Authority:
People v. Zackery (2007) 147 Cal.App.4th 380, 385
People v. Clark (2021) 67 Cal.App.5th 248, 261
People v. Mitchell (2001) 26 Cal.4th 181, 185