People v. Ochoa CA5

INTRODUCTION

Appellant and defendant Carlos Enrique Ochoa was sentenced to two years in prison pursuant to a plea agreement. The court also imposed a restitution fine and two fee assessments, in lesser amounts than the recommendations in the presentence report. The abstract of judgment, however, was inconsistent court’s oral pronouncement as to the two fee assessments. On appeal, appellant requests this court order an amended and corrected abstract of judgment consistent with the trial court’s oral pronouncement of judgment as to the two fee assessments. The People disagree and argue the trial court’s statements at the sentencing hearing were legally erroneous and the abstract is correct. We agree with appellant and order an amended and corrected abstract of judgment as to the two fee assessments imposed at the sentencing hearing, and otherwise affirm.

FACTS1

On June 2, 2020, officers arrived at appellant’s apartment in Mendota to conduct a parole search. Appellant’s girlfriend answered the door. Appellant appeared and was cooperative, and he was detained by the officers. The officers asked appellant’s girlfriend if there were any weapons or narcotics in the apartment. She said…