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, 768Second 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