Error and/or relief
The matter must be remanded for resentencing for the trial court to state the statutory basis for the imposed fines and fees.
First Holding:
The matter must be remanded for the trial court to orally pronounce the applicable statutory citations for each imposed fine and fee in the case and for the corresponding probation minute order to be amended accordingly. The absence of statutory citations for the $165 “restitution fine” and the $40 “[c]ourt [s]ecurity [f]ee” and the absence of a statutory citation for the $35 “infraction fee” in the minute order must be corrected.
Authority:
People v. High (2004) 119 Cal.App.4th 1192
Second Holding:
Although a detailed recitation of all the fees, fines and penalties on the record may be tedious, California law does not authorize shortcuts. An order of probation, like an abstract of judgment, must specify the statutory basis of each fine or fee imposed. A trial court’s failure to specify the amount and statutory basis for each fine, fee, and penalty assessment imposed is legal error. Such error may be reviewed on appeal even in the absence of an objection.
Authority:
People v. High (2004) 119 Cal.App.4th 1192, 1200
People v. Eddards (2008) 162 Cal.App.4th 712, 715
People v. Hartley (2016) 248 Cal.App.4th 620, 637
Third Holding:
A court may adequately pronounce judgment by imposing a specific fine and generally referring to the applicable penalty assessments. However, the responsibility then falls to the trial court clerk to specify the penalties and surcharge in appropriate amounts in the minutes and, more importantly, the abstract of judgment or the probation minute order. This includes providing a statutory basis of each fine or fee imposed.
Authority:
People v. Voit (2011) 200 Cal.App.4th 1353, 1373
People v. Sharret (2011) 191 Cal.App.4th 859, 864
People v. Eddards (2008) 162 Cal.App.4th 712, 715, 718
Fourth Holding:
Add holding blurb here
Authority:
ADD AUTHORITIES HERE
Fifth Holding:
Add holding blurb here
Authority:
ADD AUTHORITIES HERE
Sixth Holding:
Add holding blurb here
Authority:
ADD AUTHORITIES HERE