Error and/or relief
The abstracts of judgment are inconsistent with the sentencing court’s oral pronouncement of judgment. We will order the abstract of judgment corrected to reflect the trial court’s imposition and stay of a $300 restitution fine, and its waiver of the $80 court security fee and $60 criminal conviction assessment fee. We will further order the determinate abstract of judgment corrected to reflect that the defendant was convicted by jury (not by plea) of count 2 (arson).
Holding:
The abstract of judgment must be corrected to conform to the oral pronouncement of judgment.
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185