Category Archives: Fines and fees

Abstracts and Minutes, Fines and fees

Case: 000236

Posted on by Gary McCurdy

Error and/or relief

The abstracts of judgment for all of the defendants reflect assessments that were not orally pronounced (in fact, the trial court had found that the defendants did not have the ability to pay the fees) and must be stricken. The People agree. We agree with the parties and will order those assessments stricken from the abstract of judgment.

Holding:

It is well settled that an abstract of judgment is not the judgment of conviction; it does not control if different from the trial court’s oral judgment and may not add to or modify the judgment it purports to digest or summarize. When an abstract of judgment does not reflect the actual sentence imposed in the trial judge’s verbal pronouncement, the court has the inherent power to correct such clerical error on appeal, whether on our own motion or upon application of the parties.

Authority:

People v. Jones (2012) 54 Cal.4th 1, 89

Abstracts and Minutes, Fines and fees, Sentencing

Case: 000208

Posted on by Gary McCurdy

Error and/or relief

The trial court resentenced defendant the defendant pursuant to Penal Code section 1172.75. The court failed to award credit for the time the defendant served in custody. The court imposed repealed fees. The resentencing minute order should be clarified to reflect the proper order in which the defendant must serve the terms comprising his sentence. The matter is remanded to the trial court with directions to recalculate defendant’s custody credits and to prepare a corrected abstract of judgment and minute order as indicated in this opinion and forward a certified copy of the corrected abstract and minute order to the Department of Corrections and Rehabilitation.

First Holding:

Were a defendant has served any portion of his sentence under a commitment based upon a judgment which judgment is subsequently declared invalid or which is modified during the term of imprisonment, such time shall be credited upon any subsequent sentence he may receive upon a new commitment for the same criminal act or acts. This means a court resentencing a defendant must credit the defendant with all actual days he had spent in custody, whether in jail or prison, up to that time. The updated total of credits must then be added to the abstract of judgment.

Authority:

PC 2900.1

PC 2900.5

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

People v. Phoenix (2014) 231 Cal.App.4th 1119, 1125, 1129-1130

Couzens et al., Sentencing California Crimes (The Rutter Group Aug. 2025 update) secs. 15:15, 15:20, 15:24, 26:6

Second Holding:

The trial court was not authorized to impose fees under former Government Code section 29550.2. (Former Gov. Code, sec. 29550.2.) The Legislature repealed that statute effective July 1, 2021. (Stats. 2020, ch. 92, sec. 25.) Even if Government Code section 29550.2 were still in effect, the Legislature has declared such fees unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated. (Gov. Code, sec. 6111(a).) Accordingly, we vacate the main jail booking fee and the main jail classification fee imposed by the trial court.

Authority:

GOV 6111(a)

Third Holding:

Whenever a person is committed to prison on a life sentence which is ordered to run consecutive to any determinate term of imprisonment, the determinate term of imprisonment shall be served first. The minute order for the resentencing hearing states that the determinate is to be served consecutive to the indeterminate sentence. The minute order must be corrected.

[Gary note: The court did not cite any authority for its order to correct the minute order. But there is much authority allowing a court to correct errors in abstracts of judgments and minute orders. I have set forth a few below.]

Authority:

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

People v. Delgado (2008) 43 Cal.4th 1059, 1070

People v. Leon (2020) 8 Cal.5th 831, 855

In re Black (1967) 66 Cal.2d 881, 890

People v. Zackery (2007) 147 Cal.App.4th 380, 385

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

Fines and fees, Probation Parole PRCS, Sentencing

Case 000199

Posted on by Gary McCurdy

Error and/or relief

The defendant was sentenced to state prison after pleading no contest to robbery and injury a girlfriend. The trial court improperly imposed a domestic violence fee. We strike the fee.

Holding:

A domestic violence fee is only authorized when a defendant is granted probation.

Authority:

PEN 1203.097

Abstracts and Minutes, Duty of the court, Fines and fees

Case: 000192

Posted on by Gary McCurdy

Error and/or relief

The abstract of judgment contains a clerical error regarding the imposed fines. The defendant was sentenced to an indeterminate sentence on some counts and a determinate sentence of others. Two different forms are used–one is the abstract for the indeterminate sentence, the other for the determinate sentence. Though the court imposed only one restitution fine and one parole revocation restitution fine, both fines appear on both forms. While not necessarily improper, it can lead to an ambiguity. In an abundance of caution, and because we agree the duplicate reference could possibly lead to confusion, we direct the clerk of the court issue an amended determinate abstract of judgment, leaving the restitution fine and parole revocation restitution fine reflected only on the indeterminate abstract of judgment, form CR-292.

First Holding:

Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls. The abstract of judgment is not the judgment of conviction and it cannot add to or modify the judgment which it purports to digest or summarize. Courts may correct clerical errors at any time, and appellate courts that have properly assumed jurisdiction can order correction of abstracts of judgment that do not accurately reflect the oral judgments of sentencing courts.

Authority:

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

People v. Zackery (2007) 147 Cal.App.4th 380, 385

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

People v. Caudillo (1980) 101 Cal.App.3d 122, 126

Second Holding:

A trial court must accurately set forth all fines and fees in the abstract of judgment.

Authority:

People v. High (2004) 119 Cal.App.4th 1192, 1200 [If the abstract does not specify the amount of each fine, the Department of Corrections cannot fulfill its statutory duty to collect and forward deductions from prisoner wages to the appropriate agency]

Third Holding:

The court has authority to order correction of abstracts of judgment to avoid ambiguity.

Authority:

People v. Frey (1989) 209 Cal.App.3d 139, 142 [finding ambiguity between the court’s order and the statement on the abstract of judgment form required correction]

Fines and fees, Retroactivity

Case: 000180

Posted on by Gary McCurdy

Error and/or relief

The restitution fine imposed more than 10 years ago must be stricken from the judgment.

First Holding:

Effective January 1, 2025, the Legislature 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.

Authority:

PEN 1465.9

Second Holding:

The statute is retroactive, because On January 1, 2025, when the amendment became effective, his restitution fine was rendered uncollectible and unenforceable. There is no authority for the People’s assertion that a hearing on a petition for resentencing under section 1172.75 starts a new period of 10 years.

Authority:

In re Mattison (2025) 115 Cal.App.5th 1062, 1069 [applying the amendment to a restitution fine imposed in 2008]