Tag Archives: Fines and fees

Amelioration, Fines and fees, Sentencing

Case 000971

Posted on by Gary McCurdy

Error and/or relief

The restitution fines imposed more than 10 years prior to the resentencing hearing under section 1172.75 must be vacated.

Holding:

Effective January 1, 2025, section 1465.9 was amended 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

Abstracts and Minutes, Amelioration, Fines and fees, Sentencing

Case 000957

Posted on by Gary McCurdy

Error and/or relief

The abstract of judgment must be amended to show that the restitution fine was vacated and the trial court security fee was stayed. We also order corrections on the minute order from the resentencing hearing.

First Holding:

At the resentencing hearing under section 1172.75, the court suspended or stayed any unpaid amounts of the previously imposed court fees and the restitution fine. In contrast, the abstract of judgment filed after the resentencing hearing erroneously showed the trial court imposed the restitution fine of $10,000 and the court security fee of $20.

The abstract of judgment must be corrected to reflect the oral pronouncement. Further, the minute order reflects that the defendant was convicted of murder in the second degree, whereas he was actually convicted of murder in the first degree.

The minute order also must be amended.

Authority:

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

Second Holding:

Further, although the trial court intended to stay or suspend any unpaid balance of the restitution fine, that fine must be vacated because it was imposed more than 10 years earlier and the abstract of judgment must be amended to reflect that it has been vacated.

Authority:

PEN 1465.9(d)

Fines and fees, Sentencing

Case 000955

Posted on by Gary McCurdy

Error and/or relief

On resentencing the defendant under section 1172.75, the court should have stricken the restitution fine, as it was more than 10 years old.

Holding:

Effective January 1, 2025, AB 1186 amended section 1465.9 to add subdivision (d), providing that any portion of a restitution fine under section 1465.9 not paid within 10 years must be vacated. 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)

In re Mattison (2025) 115 Cal.App.5th 1062, 1066

Duty of the court, Fines and fees

Case 000939

Posted on by Gary McCurdy

Error and/or relief

The matter must be remanded for resentencing for the trial court to state the statutory basis for the imposed fines and fees.

First Holding:

The matter must be remanded for the trial court to orally pronounce the applicable statutory citations for each imposed fine and fee in the case and for the corresponding probation minute order to be amended accordingly. The absence of statutory citations for the $165 “restitution fine” and the $40 “[c]ourt [s]ecurity [f]ee” and the absence of a statutory citation for the $35 “infraction fee” in the minute order must be corrected.

Authority:

People v. High (2004) 119 Cal.App.4th 1192

Second Holding:

Although a detailed recitation of all the fees, fines and penalties on the record may be tedious, California law does not authorize shortcuts. An order of probation, like an abstract of judgment, must specify the statutory basis of each fine or fee imposed. A trial court’s failure to specify the amount and statutory basis for each fine, fee, and penalty assessment imposed is legal error. Such error may be reviewed on appeal even in the absence of an objection.

Authority:

People v. High (2004) 119 Cal.App.4th 1192, 1200

People v. Eddards (2008) 162 Cal.App.4th 712, 715

People v. Hartley (2016) 248 Cal.App.4th 620, 637

Third Holding:

A court may adequately pronounce judgment by imposing a specific fine and generally referring to the applicable penalty assessments. However, the responsibility then falls to the trial court clerk to specify the penalties and surcharge in appropriate amounts in the minutes and, more importantly, the abstract of judgment or the probation minute order. This includes providing a statutory basis of each fine or fee imposed.

Authority:

People v. Voit (2011) 200 Cal.App.4th 1353, 1373

People v. Sharret (2011) 191 Cal.App.4th 859, 864

People v. Eddards (2008) 162 Cal.App.4th 712, 715, 718

Fourth Holding:

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Fifth Holding:

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Sixth Holding:

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Fines and fees, Sentencing

Case 000938

Posted on by Gary McCurdy

Error and/or relief

We modify the judgment to vacate the booking fee imposed pursuant to former Government Code section 29550.2.

Holding:

The main jail booking fee (former Gov. Code, sec. 29550.2), imposed by the trial court at the early 2021 sentencing hearing and reimposed at the 2025 hearing, was repealed by the passage of AB 1869, effective July 1, 2021 AB 1869 enacted Government Code section 6111, which provides that on and after July 1, 2021, the unpaid balance of any court-imposed costs pursuant to section 29550.2 is unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated. (Gov. Code, sec. 6111(a).) Accordingly, the main jail booking fee reimposed at the 2025 sentencing hearing must be vacated.

Authority:

GOV 6111(a)

Former GOV 29550.2