Tag Archives: Fines and fees

Sentencing

Case 000058

Posted on by Gary McCurdy

Error and/or relief

The fines and fees not mentioned in the trial court’s oral imposition of sentence are improper and must be stricken.

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.

Authority:

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

[Cf.] People v. Cleveland (2004) 32 Cal.4th 704, 768

Second Holding:

When a trial court does not orally impose discretionary restitution and parole revocation fines under sections 1202.4 and 1202.45 and the prosecution does not object, as here, the prosecution forfeits any objection on appeal and the fines or fees must be stricken.

Authority:

People v. Tillman (2000) 22 Cal.4th 300, 302–303

Third Holding:

When a defendant has been convicted of certain listed offenses, including any crime that requires sex offender registration pursuant to section 290(c) at the time of sentencing the trial court shall consider issuing an order restraining the defendant from any contact with a victim of the crime. It was error to include Jane Doe in the protective order because she was not a victim of the crime, and even as a witness there was no indication that the defendant had made threats toward her within the meaning of section 136.2(i)(2).

Authority:

PEN 136.2(i)(1)

PEN 136.2(i)(2)

People v. Walts (2025) 112 Cal.App.5th 127, 143 [The amendment to section 136.2(i)(1) reflects that the Legislature intended that protective orders should only be available for any person who is a victim of any one of the specifically enumerated crimes under section 136.2(i)(1) for which the defendant has been convicted]

Fourth Holding:

The defendant should have objected to the protective order in trial court, thus forfeiting the issue, but we will nonetheless consider his argument to the extent that it raises a question of law.

Authority:

People v. Walts (2025) 112 Cal.App.5th 127, 140

Fifth Holding:

We review the trial court’s result, not its rationale.

Authority:

People v. Zapien (1993) 4 Cal.4th 929, 976

Fines and fees, Sentencing

Case 000055

Posted on by Gary McCurdy

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

Fines and fees, Retroactivity, Sentencing

Case 000051

Posted on by Gary McCurdy

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]

Abstracts and Minutes

Case 000044

Posted on by Gary McCurdy

Error and/or relief

The appellate court corrected the sentence to the correct term (16 months not 2 years), running some counts concurrent per the trial court order rather than consecutive per the abstract of judgment, and corrected the abstract to include several fees and fines that were imposed.

First Holding:

The abstract and minute order must be corrected to reflect that the “one third of the midterm” pronounced by the judge should have been 16 months, not two years, because the middle term for the offense is four years, not six years.

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 185 [holding reviewing courts have the inherent power on appeal to correct clerical errors found in court records, such as may be found in abstracts of judgment, whether on the court’s own motion or upon application of the parties]

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

Second Holding:

Because the minute order incorrectly states that the sentences were to run consecutively, rather than concurrently as actually ordered by the court, the minute order must be corrected, as the oral pronouncement controls. Any discrepancy between the minutes and the oral pronouncement of a sentence is presumed to be the result of clerical error. Thus, the oral pronouncement of sentence prevails in cases where it deviates from that recorded in the minutes.

Authority:

People v. Price (2004) 120 Cal.App.4th 224, 242

Third Holding:

The appellate court may correct the amount imposed by the superior court for specified assessments whose amounts are mandatory.

Authority:

People v. Castellanos (2009) 175 Cal.App.4th 1524, 1530 [Because the seven additional assessments, surcharge, and penalties are mandatory, their omission may be corrected for the first time on appeal]

Fines and fees

Case 000043

Posted on by Gary McCurdy

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