People v. Dufrisne CA3

background and procedural history relevant to the claim.

1 (§ 667.5, subd. (b)), and two prior strike convictions (§ 667, subds. (d) & (e)(2)). Defendant pleaded no contest to recklessly setting a fire and admitted one of the prior strikes. The trial court sentenced defendant to the stipulated term of 32 months in state prison and the remaining allegations were dismissed. The trial court imposed a $300 restitution fund fine (§ 1202.4), a suspended $300 parole revocation fine (§ 1202.45), a $40 court security fee (§ 1465.8), and a $30 penalty assessment (Gov. Code, § 70373). The abstract of judgment accurately reflects the imposition of those fines and fees. However, the abstract of judgment also reflects the imposition of a $300 probation revocation fine under section 1202.44, stating that fine “is now due, probation having been revoked.” That fine was not included in the oral pronouncement of judgment. There is no evidence in the record that this case involved a revocation of probation.

DISCUSSION

As a general rule, when the record of the court’s oral pronouncement of judgment regarding sentencing conflicts with the clerk’s minute order, the oral pronouncement controls.…