Error and/or relief
The abstract of judgment listed fines and fees that were not imposed by the court. It must be corrected.
Holding:
The parties agree that we should order the trial court to correct its minutes and prepare an amended abstract of judgment that accurately reflects that the trial court suspended and never imposed any fines and fees other than victim restitution. We thus instruct the trial court to issue a corrected minute order and an amended abstract of judgment indicating that the only monetary obligation imposed on the defendant is the amount ordered for victim restitution.
(Gary note: The court did not cite authority for its power to order correction of an abstract of judgment, so in addition to the court’s reference to Lynex, I have listed several cases it could have relied on.)
Authority:
In re Lynex (2026) 118 Cal.App.5th 756, 769 [An express concession or assertion in a brief is frequently treated as an admission of a legal or factual point, controlling in the disposition of the case]
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