Error and/or relief
The restitution fine is more than 10 years old and must be vacated. The abstract of judgment does not correctly reflect the trial court’s oral pronouncement of judgment and must be corrected.
First Holding:
The abstract of judgment does not correctly reflect the trial court’s oral pronouncement of judgment. At resentencing, the trial court found defendant indigent and waived any non-mandatory fines and fees. Once the trial court found defendant indigent, the court operations and conviction assessments were no longer mandatory. They were, therefore, waived by the court.
The abstract of judgment nevertheless includes a court operations assessment (sec. 1465.8) totaling $560 and a conviction assessment (Gov. Code, sec. 70373) totaling $420. Because the abstract of judgment does not accurately reflect the court’s oral pronouncement of judgment, we will order it corrected.
Authority:
People v. Kopp (2025) 19 Cal.5th 1, 14-15
People v. Mitchell (2001) 26 Cal.4th 181, 185
Second Holding:
The restitution fine was imposed more than 10 years ago and must be vacated.
Authority:
PEN 1465.9