People v. Mendes CA3

DISCUSSION

We dispense with the facts of defendant’s crimes as they are unnecessary to resolve this appeal. The relevant procedural facts are related in our discussion of defendant’s contention. The trial court ordered defendant to pay $900 in victim restitution plus a 15 percent administrative fee. Although the trial court did not indicate the statutory authority for the fee, the clerk’s minutes state that the fee was imposed pursuant to section 1203.1, subdivision (l). Defendant contends, and the Attorney General agrees, that the fee is unauthorized. Although the administrative fee is not mentioned in the original abstract of judgment or the two amended abstracts issued during the pendency of this appeal, we nonetheless reach defendant’s contention. (See People v. Zackery (2007) 147 Cal.App.4th 380, 385 [“Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls”].) Section 1203.1 addresses probation conditions; subdivision (l) allows the entity collecting victim restitution imposed as a condition of probation to “add a fee to cover the actual administrative cost of collection, but…