The abstract of judgment is incorrect in that it indicates that the trial court imposed a restitution fund fine of $330 pursuant to section 1202.4 but at sentencing the trial court stated that the amount of that fine was $300. It must be corrected.
Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls.
People v. Zackery (2007) 147 Cal.App.4th 380, 385
The matter is remanded for limited resentencing proceedings concerning the imposition of mandatory ancillary costs under Penal Code section 1465.8 and Government Code section 70373, both of which were omitted from the trial court’s original oral sentencing pronouncements.
The sentencing hearing transcript shows the trial court only imposed restitution and parole revocation fines, both in the amount of $500. The court purported to waive all fees and other fines without providing an explanation. Yet, the minute order and the indeterminate abstract of judgment indicate an imposed $200 court security fee pursuant to Penal Code section 1465.8, as well as a $150 criminal conviction assessment pursuant to Government Code section 70373.
The court security fee and the criminal conviction assessment are properly characterized as ancillary costs. That is, they are funding mechanisms created by the Legislature to raise funds for court operations and facilities; they are not punitive in nature. Imposition of these ancillary costs is mandatory for every criminal conviction except parking offenses. However, due to a robust fee waiver system in civil cases for the same types of ancillary costs, the unavailability of a fee waiver in criminal cases violates equal protection guarantees. Upon request by a criminal defendant, a trial court must consider a defendant’s inability to pay before imposing a court operations assessment under section 1465.8(a)(1) or a court facilities assessment under Government Code section 70373(a)(1). This includes allowing the parties to present and contest any relevant evidence or argument on the question.
People v. Kopp (2025) 19 Cal.5th 1, 11, 14-15, 26-27, 30
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
Having been sentenced to a term of life without the possibility of parole (LWOP) and an indeterminate sentence of 25 years to life, it was error to impose the parole revocation restitution fine. The abstract of judgment also must be corrected to reflect the custody credits awarded at the sentencing hearing.
Section 1202.45(a), provides that the court shall assess a parole revocation restitution fine in every case where a person is convicted of a crime and his or her sentence includes a period of parole. This parole revocation fine statute, however, does not apply in cases where the defendant is sentenced to LWOP and indeterminate terms. The parole revocation fine shall be stricken.
People v. Alvarez (2025) 18 Cal.5th 387, 485–486 [parole revocation fine under sec. 1202.45 inapplicable where sentence was death]
People v. Battle (2011) 198 Cal.App.4th 50, 63 [improper to impose parole revocation fine where the defendant received an indeterminate term of 25 years to life and LWOP]
People v. Samaniego (2009) 172 Cal.App.4th 1148, 1184 [where the defendant is sentenced to LWOP, there can be no parole, and therefore the parole revocation fine was improperly assessed]
People v. Brasure (2008) 42 Cal.4th 1037, 1075 [parole revocation fine proper where the defendant, in addition to being sentenced to death, also sentenced to determinate term]
The abstract of judgment is incorrect in reflecting the custody credits. The court’s oral pronouncement is correct, and it controls over the abstract of judgment or sentencing minute order. The trial court is directed to issue an amended abstract of judgment that accurately reflects the correct number of days of actual custody credit awarded by the court in its oral pronouncement of judgment.
People v. Mitchell (2001) 26 Cal.4th 181, 185 [courts may correct clerical errors at any time, and appellate courts with jurisdiction have the power to order correction of abstracts of judgment that do not accurately reflect the oral judgment of the sentencing court]
It was error to impose a $10 crime prevention fine under section 1202.5. It is ordered stricken. The minute order must be corrected to reflect that the resentencing proceedings were under section 1172.75, not under section 1172.6 as the minute order indicated.
The original imposition of the section 1202.5 crime prevention fine was unauthorized.
People v. Scott (1994) 9 Cal.4th 331, 354 [claims of unauthorized sentencing error may be raised at any time]
Under section 1202.5(a), courts are required to impose a $10 crime prevention fine on a defendant who is convicted of a theft-related offense listed in the statute. Here, the $10 crime prevention fine was unauthorized because defendant’s convictions are not among the offenses listed in section 1202.5(a). Thus, we strike the $10 crime prevention fine from defendant’s sentence.
PEN 1202.5(a)
People v. Jefferson (2016) 248 Cal.App.4th 660, 663
The minute orders refer to the proceedings as taking place pursuant to section 1172.6. As the record is clear these were resentencing proceedings pursuant to section 1172.75, this appears to be a clerical error.
[Gary note: The court did not cite any authority for the order or observation regarding the correction of the minute order, but there is authority aplenty. The court could have cited one or more of the cases I have set out below.]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
The provision in the probation order requiring the defendant to reimburse the county for public defender and probation related services must be stricken.
Section 1465.9(a) provides that the balance of any court-imposed costs imposed under former section 987.8, authorizing public defender fees, and former section 1203.1b, authorizing probation services fees, as those sections read on June 30, 2021, shall be unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated. Accordingly, we will strike the portion of the probation order authorizing these fees.
PEN 1465.9(a)
People v. Portillo (2023) 91 Cal.App.5th 577, 602-603
People v. Greeley (2021) 70 Cal.App.5th 609, 625