Error and/or relief
At the sentencing hearing, the trial court found that the defendant did not have the ability to pay the Court Security Fee of $40 or the Criminal Conviction Fee of $30. But the court’s minute order and abstract of judgment both reflect that the trial court imposed a $40 court operations assessment (Pen. Code, sec. 1465.8) and a $30 criminal conviction assessment (Gov. Code, sec. 70373). The minute order and abstract of judgment must be amended to reflect the actual judgment.
Holding:
Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls. We have the authority to correct such clerical errors.
Authority:
People v. Zackery (2007) 147 Cal.App.4th 380, 387–389
People v. Mitchell (2001) 26 Cal.4th 181, 185–186