P. v. Holloway

P. v. Holloway

















Filed 9/2/10 P. v.
Holloway CA3









NOT
TO BE PUBLISHED



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opinion has not been certified for publication or ordered published for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.





IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE
DISTRICT

(Colusa)










>

THE PEOPLE, Plaintiff and Respondent, v. LINDA SUZAN HOLLOWAY, Defendant and Appellant.

C062880 (Super. Ct. No. CR48861)

Defendant Linda
Suzan Holloway was found guilty following a court trial of abusing an elder or dependent adult (Pen.
Code, § 368, subd. (b)(1)),[1]
and the court also found defendant personally inflicted great bodily injury in
the commission of that crime (§ 12022.7, subd. (a)). Defendant had previously admitted a prior
strike conviction. The court sentenced
her to a prison term of 11 years, and ordered that she pay a restitution fine
in the amount of $200 (§ 1202.4) and a parole violation restitution fine in the
same amount (§ 1202.45).

Inexplicably,
however, the minute order of the
sentencing proceeding and the abstract of judgment both indicate that the fines
imposed under sections 1202.4 and 1202.45 were each in the amount of
$2,200. On appeal, defendant asks that
we correct the minute order and abstract of judgment to accurately reflect the
fines imposed; the People concede the error.


We shall do
so. When there is a discrepancy between
the oral pronouncement of judgment and the minute order or the abstract of
judgment, the oral pronouncement controls.
(People v. Mitchell (2001) 26
Cal.4th 181, 185-186; People v. Guiffre (2008) > 167 Cal.App.4th 430, 435.)

DISPOSITION[2]


The judgment is
affirmed. The trial court is directed to
correct the sentencing minute order and the abstract of judgment by reducing to
$200 both the restitution fine ( ADDIN BA xc <@$st> xl 8 s
WKPGHG000002 xpl 1 § 1202.4) and the
parole violation restitution fine ( ADDIN BA xc <@$osdv> xl 9 s
WKPGHG000011 xpl 1 § 1202.45). The court shall
clear=all >



forward a certified copy of the corrected abstract of
judgment to the Department of Corrections
and Rehabilitation.







NICHOLSON , Acting P. J.







We concur:







ROBIE , J.







CANTIL-SAKAUYE , J.







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