Error and/or relief
This appeal is from the resentencing under section 1172.75. The restitution fine must be stricken, as now it was imposed more than 10 years ago. There are errors in the abstract of judgment that must be corrected.
First Holding:
The trial court originally imposed the restitution fine in August 2015. Since then, the Legislature amended section 1465.9 to provide that restitution fines under section 1202.4 are uncollectible and unenforceable after 10 years and that the part of the judgment imposing the fine must be vacated. While the court reimposed the $4,000 restitution fine less than 10 years after the original sentencing, 10 years have passed since the court originally imposed the $4,000 restitution fine, and thus the balance is now unenforceable and uncollectible. We will therefore strike the restitution fine.
Authority:
PEN 1465.9(d)
People v. Kopp (2025) 19 Cal.5th 1, 17
People v. Salstrom (2025) 117 Cal.App.5th 596, 600-601, review granted on a different issue Mar. 11, 2026, S295038
Second Holding:
The abstract lists the prior prison term enhancement as stayed, when in fact that enhancement was stricken by the trial court. In addition, the four-month sentence on count three is listed as concurrent when it should be listed as consecutive. We will therefore order amendment of the abstract to correct these errors
Authority:
People v. Mitchell (2001) 26 Cal.4th 181, 185 [oral pronouncement of judgment ordinarily controls]