Tag Archives: Fines and fees

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

Case: 000285

Posted on by Gary McCurdy

Error and/or relief

The abstract of judgment contained numerous errors and must be corrected. In addition, the judge did not specify which fines and fees he was not going to impose, and the judge failed to impose certain fees that are mandatory. Remanded for the judge to orally ponounce the fines and fees it intends to impose.

Holding:

The judgment against a defendant in a felony case must be pronounced by the court with the defendant, or an attorney for the defendant, present. Fines and fees, as part of the judgment, must be orally pronounced and cannot be simply added to the judgment later outside defendant’s presence. Where there is a discrepancy between the oral pronouncement and the abstract of judgment, the oral pronouncement controls.

Authority:

PEN 1191

PEN 1193

People v. Zackery (2007) 147 Cal.App.4th 380, 388-389

People v. Mesa (1975) 14 Cal.3d 466, 471

Abstracts and Minutes, Fines and fees

Case: 000268

Posted on by Gary McCurdy

Error and/or relief

The abstract of judgment does not accurately state the sentence imposed. It reflects the imposition of a variety of fines and fees. The trial court struck all fines and fees pursuant to People v. Duenas (2019) 30 Cal.App.5th 1157 [regarding inability to pay] and ordered that anything that could not be stricken be stayed. Although we will affirm the trial court’s orders, we will remand with directions to correct the abstract of judgment.

Holding:

[GARY NOTE: There was no authority indicated in the opinion for the correction of the abstract. The error is so obvious that it hardly seems necessary to provide authority. Nonetheless, there is authority the court could have cited. The appellate court may direct the trial court to correct clerical errors in an abstract of judgment.]

Authority:

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

Gary Note:

[Gary note: Duenas was disapproved by the California Supreme Court to the extent it was inconsistent with the Supreme Court’s decision in Kopp. Kopp is a must-read on the issue of the obligation of trial courts AND of the defendant (or defense counsel) regarding whether to impose certain fines and fees and the nature of the challenges available to the defendant. I have included the citation to Kopp below for your convenience, but it was not mentioned in this decision. Because of the nature of the issues raised in the brief, it was not necessary for the Court of Appeal to revisit the action of the trial court regarding imposition and staying or striking of fines and fees. The only issue was the inaccuracy of the abstract of judgment.]

Authority:

People v. Kopp (2025) 19 Cal.5th 1

Abstracts and Minutes, Fines and fees, Sentencing

Case: 000258

Posted on by Gary McCurdy

Error and/or relief

The trial court’s minutes reflect the waiver of fees that the court ordered waived. The abstract of judgment, however, imposes the court security fee and the criminal conviction assessment as financial obligations against defendant. It is clear in this case that the abstract of judgment does not reflect the oral pronouncement of judgment as to the court security fee and the criminal conviction assessment. The abstract of judgment must be corrected accordingly.

Holding:

Where there is a discrepancy between the oral pronouncement of judgment and the abstract of judgment, the oral pronouncement controls.

Authority:

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

Sentencing

Case: 000256

Posted on by Gary McCurdy

Error and/or relief

After a jury convicted the defendant of one count of kidnapping to commit a sex offense and five counts of forcible rape, he was sentenced to 25-years-to-life on one of the forcible rape counts, plus concurrent life terms on the remaining counts. The trial court also dismissed all fines and fees, although the abstract of judgment shows imposition of two $200 restitution fines. The sentence on the kidnapping to commit a sex offense count should be stayed because that count and the forcible rape count constituted a single criminal act. The court must correct the abstract of judgment to reflect that no restitution fines were imposed.

First Holding:

Section 209(d) provides that a person may be charged with a violation of section 209(b) and section 667.61, but that a person may not be punished under section 209(b) and section 667.61 for the same act that constitutes a violation of both section 209(b) and section 667.61.

Authority:

PEN 209(d)

People v. Adams (2018) 28 Cal.App.5th 170

Second Holding:

Here, the defendant kidnapped the victim to commit a sex offense, and this act formed the basis for his convictions. Additionally, because the victim was not released until after she was dropped off near her relative’s house, there was only one kidnapping offense. Thus, there was a single common act, and the punishment on count 1 (kidnapping to commit a sex offense) must be stayed.

Authority:

People v. Thomas (1994) 26 Cal.App.4th 1328, 1334 [The forcible detention of a victim is an element of kidnaping and as long as the detention continues, the crime continues]

Third Holding:

At the sentencing hearing the trial court expressly dismissed all fines and fees in the interest of justice. The abstract of judgment, however, reflects the imposition of a restitution fine in the amount of $200 under section 1202.4(b) and a suspended parole revocation restitution fine of $200 under section 1202.45. Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls. If the clerk includes fines in the court’s minutes or the abstract of judgment that were not part of the oral pronouncement of sentence, those fines must be stricken from the minutes and the abstract of judgment.

Authority:

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

People v. El (2021) 65 Cal.App.5th 963, 967

Fourth Holding:

Respondent argues the restitution fines are mandatory, and the trial court must impose them unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. Respondent notes the trial court did not provide any compelling or extraordinary reasons on the record, and the only referenced reason was defendant’s inability to pay, which is not a compelling and extraordinary reason to not impose a restitution fine. Respondent requests we correct the abstract to impose the minimum restitution fines, or remand the matter to the court for the limited purpose of either imposing the fines or stating extraordinary and compelling reasons for not imposing the fines. We decline to do so. Because the district attorney failed to object to the court’s omission of a statement of extraordinary and compelling reasons, the waiver doctrine bars the People from obtaining the relief they seek on appeal. Thus, respondent cannot challenge the court’s failure to impose restitution fines in this appeal.

Authority:

PEN 1204.2

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

Amelioration, Fines and fees, Juveniles, Retroactivity

Case: 000243

Posted on by Gary McCurdy

Error and/or relief

Because of legislation enacted since the disposition hearing, the $100 restitution fine is ordered stricken in this Welfare and Institutions Code section 602 juvenile proceeding.

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 states that the court shall not impose a separate and additional restitution fine against a minor found to be a person described in Welfare and Institutions Code section 602. Because the judgment is not final, the appellant is entitled to the ameliorative benefits of this amendment.

Authority:

WIC 730.6

In re Estrada (1965) 63 Cal.2d 740

Fines and fees, Probation Parole PRCS, Sentencing

Case: 000238

Posted on by Gary McCurdy

Error and/or relief

We strike the domestic violence probation fee. The defendant was sentenced to prison.

Holding:

The domestic violation probation fee is imposed only when a defendant is granted probation. It is not applicable when the defendant is sentenced to prison. the unauthorized fee must be stricken.

Authority:

PEN 1203.97(a)(5)

People v. Kirvin (2014) 231 Cal.App.4th 1507, 1520

People v. Scott (1994) 9 Cal.4th 331, 354

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

Retroactivity, Sentencing

Case: 000217

Posted on by Gary McCurdy

Error and/or relief

We modify the judgment to vacate any remaining balance on defendant’s restitution fine imposed under section 1202.4(b).

First Holding:

Effective January 1, 2025, Assembly Bill No. 1186 (2023–2024 Reg. Sess.) (Stats. 2024, ch. 805, § 1) amended section 1465.9 by adding 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.

Authority:

PEN 1465.9(d)

Second Holding:

Defendant’s appeal from the trial court’s resentencing order causes his judgment to remain nonfinal. Therefore, he is entitled to any applicable ameliorative benefits under section 1465.9.

Authority:

In re Estrada (1965) 63 Cal.2d 740, 745

People v. Hanson (2000) 23 Cal.4th 355, 362 [restitution fines qualify as punishment]

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]

Abstracts and Minutes, Sentencing

Case: 000190

Posted on by Gary McCurdy

Error and/or relief

The abstract of judgment should be corrected to reflect the court reduced his mandatory assessments due to his inability to pay. We direct the trial court to correct its resentencing minute order and to amend the abstract of judgment.

First 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]

Second 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. We have the inherent power to correct clerical errors so as to make records such as abstracts of judgment or minute orders conform to the trial court’s oral pronouncement. Thus, we are directing the court to amend the abstract of judgment to conform to its oral pronouncement of judgment.

Authority:

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

In re Candelario (1970) 3 Cal.3d 702, 705