Error and/or relief
On resentencing the defendant under section 1172.75, the restitution fine must be stricken because it is more than 10 years old.
Further, the abstract of judgment must be correct to reflect that the sentence was 68 years to life, not the 69 years to life shown in the abstract.
First Holding:
AB 1186 (2023-2024 Reg. Sess.) amended section 1465.9 to add subdivision (d), which provides that upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to Section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.
By its plain terms, the subdivision applies retroactively to make any unpaid portion of the restitution fine unenforceable and uncollectible upon the expiration of the 10-year time period, and also mandates that any portion of a judgment imposing such a fine be vacated. We will modify the judgment to vacate the restitution fine.
Authority:
PEN 1465.9(d)
People v. Greeley (2021) 70 Cal.App.5th 609, 626 [ameliorative changes of AB 1869 (2019-2020 Reg. Sess.), which enacted section 1465.9, applied retroactively; the subdivisions enacted by that bill have materially identical language to subdivision (d)]
People v. Salstrom (2025) 117 Cal.App.5th 596, 600-601, review granted (on a different issues) Mar. 11, 2026, S295038 [vacating restitution fine older than 10 years where the fine was reimposed at resentencing]
Second Holding:
The abstract of judgment does not accurately reflect the oral pronouncement of judgment. The trial court imposed an indeterminate term of 68 years to life for count 1. But the abstract of judgment incorrectly shows an indeterminate term of 69 years to life.
Because we will direct the trial court to prepare an amended abstract of judgment reflecting the modified judgment, we will also direct that the amended abstract of judgment accurately reflect the term imposed for count 1.
Authority:
People v. Zackery (2007) 147 Cal.App.4th 380, 385 [the oral pronouncement of judgment controls where there is a discrepancy between it and the abstract of judgment]
