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The People v. Eugene Harris

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)


November 9, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
EUGENE HARRIS, DEFENDANT AND APPELLANT.

(Super. Ct. No. 11F00436)

The opinion of the court was delivered by: Butz , J.

P. v. Harris CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Eugene Harris entered a negotiated plea of no contest to one count of willfully resisting a peace officer, causing the officer serious bodily injury (Pen. Code, § 148.10), in exchange for dismissal of five other charges and a stipulated two-year state prison term.

At sentencing, the trial court ordered defendant to pay "all mandatory fines" but ordered that "[a]ll other discretionary fines will be waived." The minute order of sentencing and the abstract of judgment both reflect that a booking fee of $287.78 and a jail classification fee of $59.23 were imposed (Gov. Code, § 29550.2).

Defendant contends, and the People concede, that the booking fee and the jail classification fee are discretionary fees that were not imposed during the court's pronouncement of judgment and should not appear on either the minute order or the abstract of judgment. We agree.

DISCUSSION

The oral pronouncement constitutes the rendition of judgment; the minutes and abstract cannot add anything substantive to it. (People v. Mitchell (2001) 26 Cal.4th 181, 185; People v. Zachery (2007) 147 Cal.App.4th 380, 387-388.) Fees and fines are a part of the judgment, which must itself identify their amounts and statutory bases. (People v. High (2004) 119 Cal.App.4th 1192, 1200.)

The trial court indicated its intent that "discretionary fines" not be included in the judgment. The booking fee and the jail classification fee are such discretionary fines, which may only be imposed if the trial court finds the defendant has the ability to pay. (People v. Pacheco (2010) 187 Cal.App.4th 1392, 1399-1400.)*fn1 [1] Accordingly, they must be stricken from the minute order and abstract of judgment.*fn2 [2]

DISPOSITION

The judgment is modified to reflect that neither a booking fee nor a jail classification fee was imposed. As thus modified, the judgment is affirmed. The trial court shall order that the booking and jail classification fees be stricken from the minute order; it shall also prepare an amended abstract of judgment striking the booking and jail classification fees and shall forward a certified copy of said amended abstract to the Department of Corrections and Rehabilitation.

We concur: ROBIE , Acting P. J. MAURO , J.


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