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Name: People v. Cedeno
Case #: F088424
Opinion Date: 20260722
Attorney: Janice M. Lagerlof
Summary

In an appeal from a first degree murder conviction, the Court of Appeal agreed with appellant that the trial court’s oral pronouncement of sentence controls over the sentencing minutes and the abstract of judgment. The Court of Appeal ordered the minutes corrected to reflect that the trial court struck the restitution fine under Penal Code section 1202.4, subdivision (b), and did not impose the court operations fee (Pen. Code, § 1465.8) or the criminal conviction fee (Gov. Code, § 70373). Rather than simply adding those mandatory assessments to the judgment as respondent requested, the Court of Appeal remanded so that appellant would have the opportunity to request a waiver based on inability to pay, and directed that the abstract be corrected to reflect the trial court’s determination on remand.