Opinion
D058868
08-10-2011
THE PEOPLE, Plaintiff and Respondent, v. VINCENT CILIENTO, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. SCE301566)
APPEAL from a judgment of the Superior Court of San Diego County, Charles W. Ervin, Judge. Affirmed as modified.
Vincent Ciliento entered a negotiated guilty plea to felony false imprisonment (Pen. Code, §§ 236, 237) and admitted that he had a prior serious/violent felony or strike conviction (Pen. Code, § 667, subds. (b)-(i)). Under the plea agreement, the parties agreed to a sentencing lid of four years and the dismissal of remaining counts and allegations. The trial court sentenced Ciliento to four years in prison. The court also imposed various fines and fees, including a $154 booking fee and a $30 Immediate Critical Needs Account (ICNA) fee.
Ciliento appeals, contending that the trial court erred by not stating the statutory authority for two of the fees imposed.
DISCUSSION
The facts of the offense are omitted because they are not relevant to the issue on appeal.
Ciliento contends that the trial court erred in failing to set forth the statutory authority for the $154 booking fee and for the $30 ICNA fee. The Attorney General concedes Ciliento is correct. We accept the Attorney General's concession.
A sentencing court must set forth the statutory basis for each fine and fee in the abstract of judgment. (People v. High (2004) 119 Cal.App.4th 1192, 1200.) The High court explained:
"Although we recognize that a detailed recitation of all the fees, fines and penalties on the record may be tedious, California law does not authorize shortcuts. All fines and fees must be set forth in the abstract of judgment. [Citations.] The abstract of judgment form used here, Judicial Council form CR-290 (rev. Jan. 1, 2003) provides a number of lines for 'other' financial obligations in addition to those delineated with statutory references on the preprinted form. If the abstract does not specify the amount of each fine, the Department of Corrections cannot fulfill its statutory duty to collect and forward deductions from prisoner wages to the appropriate agency. [Citation.] At a minimum, the inclusion of all fines and fees in the abstract may assist state and local agencies in their collection efforts. [Citation.] Thus, even where the Department of Corrections has no statutory obligation to collect a particular fee, . . . the fee must be included in the abstract of judgment. [Citation.] . . . . '[A] fine is . . . part of the judgment which the abstract must " 'digest or summarize.' " [Citations.]' " (People v. High, supra, 119 Cal.App.4th at p. 1200.)
In this case, the $154 booking fee and the $30 ICNA fee are listed without their statutory bases in the "other orders" section of the abstract of judgment. The booking fee is authorized by Government Code section 29550. The ICNA fee is authorized by Government Code section 70373.
The abstract of judgment form used in this case is Judicial Council form CR-290.1 (Rev. Jan. 1, 2007).
"Courts may correct clerical errors at any time, and appellate courts . . . that have properly assumed jurisdiction of cases have ordered correction of abstracts of judgment . . . . " (People v. Mitchell (2001) 26 Cal.4th 181, 185.) Accordingly, we direct the trial court to amend the abstract of judgment to include the statutory bases for the booking fee and the ICNA fee.
DISPOSITION
The case is remanded to the trial court with directions to prepare an amended abstract of judgment specifying the statutory bases for the booking fee and the ICNA fee. The court is further directed to forward a copy of the amended abstract of judgment to the California Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.
AARON, J. WE CONCUR:
MCINTYRE, Acting P. J.
O'ROURKE, J.