Category Archives: Fines and fees

Case: 000137

Error and/or relief

The minor contends, and the People concede, that recent amendments to Welfare and Institutions Code section 730.6 apply retroactively, requiring that the restitution fine imposed by the juvenile court be stricken.

First Holding:

While this appeal was pending, the Legislature amended section 730.6 and removed the requirement that a minor pay a restitution fine. The relevant portion of the statute now provides that the court shall not impose a separate and additional restitution fine against a minor found to be a person described in Section 602.

Authority:

WIC 730.6

Second Holding:

Appellant is entitled to the ameliorative benefits of this amendment.

Authority:

In re Estrada (1965) 63 Cal.2d 740, 745-746 [ameliorative legislation changes applicable to cases pending on appeal]

Case: 000129

Error and/or relief

The trial court must correct the abstract of judgment to reflect that the court never imposed fines or fees other than restitution to the Victim’s Compensation Board, and must recalculate his actual custody credits.

First Holding:

The abstract of judgment must be corrected to reflect that the court waived the imposition of a restitution fine and the parole revocation fine and other fines and fees.  [GARY NOTE: The court did not cite authority for correction of the abstract of judgment, but the law is clear that it has the authority to do so, and I have listed some authorities below.]

Authority:

People v. Scott (2012) 203 Cal.App.4th 1303, 1324

People v. Mitchell (2001) 26 Cal.4th 181, 185

People v. Zackery (2007) 147 Cal.App.4th 380, 387–388

People v. Gobert (2023) 89 Cal.App.5th 676, 689

People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2

Second Holding:

As the People did not object in the court below, the People have forfeited the issue of the propriety of the trial court order waiving the restitution and other fines and fees.

Authority:

People v. Tillman (2000) 22 Cal.4th 300, 303

Third Holding:

When a trial court resentences a defendant who is currently in custody, it must calculate and credit him with all actual days spent in custody (whether in jail or prison) up to that time, including time in custody after the original sentencing. [GARY NOTE: the court did not cite authority for remanding for the court to determine custody credits, but the law is clear, per the authorities I have set forth below.]

Authority:

PEN 2900.1

PEN 2900.5

People v. Buckhalter (2001) 26 Cal.4th 20, 37

Case: 000127

Error and/or relief

The defendant is entitled to a jury trial on two of the aggravating factors the trial court found to be true in the present case. He entitled to resentencing due to prejudicial error, and we remand the matter for that purpose.

First Holding:

The trial court erroneously imposed the upper term by relying on its own determination that the defendant’s two prior convictions were numerous. The defendant was entitled to have a jury decide that issue beyond a reasonable doubt.

Authority:

People v. Lynch (2024) 16 Cal.5th 730, 742-743

People v. Wiley (2025) 17 Cal.5th 1069, 1076

People v. Berry (1981) 117 Cal.App.3d 184, 191 [two prior convictions cannot be numerous]

Second Holding:

In assessing a defendant’s ability to pay, a court may consider a defendant’s past income-earning capacity. Moreover, a court may consider whether a defendant has the ability to satisfy the fine and assessments through prison wages and future earnings after release from custody.

Authority:

People v. Johnson (2019) 35 Cal.App.5th 134, 139

People v. Aviles (2019) 39 Cal.App.5th 1055, 1076

Case: 000117

Error and/or relief

The trial court’s judgment is modified to vacate any portions of the probation related fees imposed by the trial court as part of probation condition No. 14 that remained unpaid as of July 1, 2021.

First Holding:

AB 1869 (2019-2020 Reg. Sess.) repealed the authority to collect various fees. The bill makes the unpaid balance of these fees unenforceable, uncollectible, and requires that any portion of a judgment imposing such fees be vacated.

Authority:

PEN 1465.9

Second Holding:

The defendant is entitled to the retroactive application of these ameliorative changes.

Authority:

People v. Esquivel (2021) 11 Cal.5th 671, 680

People v. Clark (2021) 67 Cal.App.5th 248, 258

Case 000088

Error and/or relief

The trial court made several errors in resentencing under Penal Code section 1172.5. It failed to strike the now-invalid priors, if failed to consider the impact of AB 333 on gang aspects; it imposed of repealed $10 admin fee. On remand the court must also recalculate credits and correct the abstract of judgment. [GARY NOTE: The opinion also provided extensive discussion of the application of section 1385, regarding dismissals in the furtherance or interest of justice, touching on abuse of discretion, etc., that were resolved against the defendant on appeal. I have provided a few principles and authorities on those points for educational reasons, even though they did not support relief for the defendant in this instance.]

First Holding:

Section 1172.75 declares legally invalid all one-year prior prison term enhancements except those for sexually violent offenses described in WI Code section 6600(b). Because the defendant’s two priors are not sexually violent offenses, they were legally invalid and should have been stricken.

Authority:

PEN 1172.75

Second Holding:

Assembly Bill No. 333 (2021-2022 Reg. Sess.) (AB 333) modified the gang enhancement by adding new requirements that did not previously exist. Because AB 333 retroactively applies to people, like defendant, who have been granted a resentencing hearing, the trial court erred in not assessing whether the jury’s findings in this case otherwise addressed the new requirements or whether the jury’s failure to do so was harmless beyond a reasonable doubt.

Authority:

People v. Lopez (2025) 17 Cal.5th 388, 395-396

Third Holding:

The trial court imposed a $10 administrative screening fee ostensibly under section 1463.07 in November 2018. This is unenforceable because our Legislature in 2021 repealed that section and nullified prior fees imposed under that section.

Authority:

PEN 1465.9

Fourth Holding:

It was not necessary for the trial court to respond to all of the defendant’s contentions at the sentencing hearing. Unless the record affirmatively demonstrates otherwise, the trial court is deemed to have considered all the relevant sentencing factors set forth in the rules.

Authority:

Rules of Court, rule 4.409 [sentencing factors will be deemed to have been considered unless the record affirmatively reflects otherwise]

People v. Knowles (2024) 105 Cal.App.5th 757, 765

People v. Parra Martinez (2022) 78 Cal.App.5th 317, 322

People v. Brugman (2021) 62 Cal.App.5th 608, 637

Fifth Holding:

We review the exercise of sentencing discretion for an abuse of discretion but recognize that a trial court’s reliance on an incorrect legal standard constitutes such an abuse. Application of the wrong test in determination of whether a defendant poses a danger to public safety is an abuse of discretion.

Authority:

People v. Gonzalez (2024) 103 Cal.App.5th 215, 225

Sixth Holding:

Despite the use of the phrase “shall be dismissed,” section 1385’s provisions that require a court to give great weight in favor of dismissal do not apply where a trial court finds that dismissal of the enhancements would endanger public safety.

Authority:

People v. Mendoza (2023) 88 Cal.App.5th 287, 296

People v. Mazur (2023) 97 Cal.App.5th 438, 444-446

People v. Cota (2023) 97 Cal.App.5th 318, 335-337

People v. Renteria (2023) 96 Cal.App.5th 1276, 1284-1290

People v. Anderson (2023) 88 Cal.App.5th 233, 238-241

People v. Lipscomb (2022) 87 Cal.App.5th 9, 15-21

Case 000087

Error and/or relief

The matter is remanded to allow the trial court to amend the abstract of judgment to reflect that the $30 criminal conviction assessment (Gov. Code, sec. 70373), the $40 court operations assessment (Pen. Code, sec. 1465.8), the $300 restitution fine (Pen. Code, sec. 1202.4), and the $300 parole revocation restitution fine (Pen. Code, sec. 1202.45), were vacated.

Holding:

The court has inherent power to correct clerical errors in abstract of judgment.

Authority:

People v. Baker (2021) 10 Cal.5th 1044, 1109

Case 000083

Error and/or relief

The amount of the victim restitution order must be amended, the restitution collection fee must be stricken. And an error in the minute order must be corrected to reflect that two misdemeanors were dismissed.

First Holding:

Victims are entitled to an amount of restitution so as to make them whole but not more than their actual losses arising out of the defendant’s criminal conduct. Restitution is not intended to provide the victim with a windfall. Although the court’s discretion in setting the amount of restitution is broad, and it may use any rational method of fixing the amount of restitution as long as it is reasonably calculated to make the victim whole, here the court awarded the victim what amounts to a windfall.

Authority:

People v. Nichols (2017) 8 Cal.App.5th 330, 342

People v. Baker (2005) 126 Cal.App.4th 463, 470

Second Holding:

The 10 percent restitution collection fee is unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.

Authority:

PEN 1465.9

People v. Greeley (2021) 70 Cal.App.5th 609, 625 [On September 18, 2020, the Governor signed AB 1869, which eliminated the range of administrative fees that agencies and courts are authorized to impose to fund elements of the criminal legal system and eliminated all outstanding debt incurred as a result of the imposition of specified administrative fees.]

Third Holding:

The minute order fails to reflect that two misdemeanor counts were dismissed, and it must be corrected.

[Gary note: The court did not cite any authority for its order for correction, but there is plenty out there. I have set forth a few cases the court could have cited, for your convenience.]

Authority:

People v. Scott (2012) 203 Cal.App.4th 1303, 1324
People v. Mitchell (2001) 26 Cal.4th 181, 185
People v. Zackery (2007) 147 Cal.App.4th 380, 387–388
People v. Gobert (2023) 89 Cal.App.5th 676, 689
People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2

Case 000055

Error and/or relief

There can be no parole restitution fine on sentences of life without the possibility of parole. We will strike the fine and direct the trial court to issue a new abstract of judgment.

Holding:

Because defendant was sentenced to prison for life without the possibility of parole, her parole revocation fine should be stricken.

Authority:

PEN 1202.45(a)

People v. Coleman (2024) 98 Cal.App.5th 709, 725

Case 000051

Error and/or relief

The restitution fine must be vacated because more than 10 years have elapsed since the court imposed the fine.

First Holding:

Restitution fines are no longer collectible 10 years after their imposition and the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.

Authority:

PEN 1465.9

Second Holding:

Section 1465.9 is retroactive to those whose judgments are not final.

Authority:

In re Estrada (1965) 63 Cal.2d 740, 748 [absent evidence to the contrary, we presume ameliorative criminal statutes apply retroactively to all nonfinal judgments]

Case 000043

Error and/or relief

The judgments is modified to vacate the restitution fine imposed pursuant to section 1202.4 because it was imposed more than 10 years ago.

Holding:

Restitution fines are no longer collectible 10 years after their imposition. Effective January 1, 2025, section 1465.9 was amended to add subdivision (d), which provides, “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. Any remaining amount on their restitution fines should now be vacated.

Authority:

PEN 1465.9(d)

People v. Greeley (2021) 70 Cal.App.5th 609, 626-627

 

Case 000012

Error and/or relief

The restitution fine must be vacated because it was originally imposed more than 10 years ago. The court must calculate the actual time the defendant has already served and credit that against the subsequent sentence.

First Holding:

Restitution fines are uncollectible after 10 years.

Authority:

PEN 1465.9

Second Holding:

The court must recalculate credit for time served on resentencing.

Authority:

People v. Buckhalter (2001) 26 Cal.4th 20, 23

Case 000001

Error and/or relief:

On resentencing more than 10 years after conviction, the court must strike the unpaid balance of the $10,000 restitution fine, and it must recalculate the defendant’s credit for time served.

First Holding:

Restitution fines are uncollectible after 10 years.

Authority:

PEN 1465.9(d) [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.]

Second Holding:

The court must recalculate credit for time served on resentencing.

Authority:

People v. Buckhalter (2001) 26 Cal.4th 20, 29, 37