People v. Hancok CA3

FACTS

The facts of defendant‟s offenses are not at issue and need not be set forth in this opinion.

PROCEDURAL BACKGROUND

When the trial court imposed sentence, this exchange occurred: “[THE COURT:] The fines as to each -- again, I‟m going to ask my clerk have you added them up? “THE CLERK: $634. “THE COURT: $634 in fines, total amount of fines; and that can be collected through state prison, I guess. “THE CLERK: CDC. “THE COURT: CDC. [¶] In addition, there‟s going to be a parole revocation fine that‟s going to be different.

2 The Attorney General‟s brief states defendant admitted three enhancements, including a street terrorism enhancement, on count 1. This is not correct. The clerk‟s minutes indicate the street terrorism enhancement was stricken.

2 “THE CLERK: $240 which matches the restitution fine of $240. “THE COURT: $240 restitution fine is going to be stayed, meaning you don‟t have to pay it and it will be stayed permanently if you don‟t violate your parole.” The clerk‟s minutes indicate the $634 “total fine” consists of a $240 restitution fine (Pen. Code, § 1202.4, subd. (b)), a $24 collection surcharge (Pen. Code, § 1202.4, subd. (l)), an $80 court operations fee…