P. v. Jordan
Defendant Lavell Jordan pleaded no contest to one count of voluntary manslaughter and admitted the allegations that he personally used a firearm and that the offense was committed for the benefit of a criminal street gang. Defendant was sentenced to a 20-year prison term.
Defendant claims that the court erred in imposing a criminal justice administration (booking) fee of $129.75 as part of the sentence because the court did not make a determination of defendant's ability to pay the fee. He contends that because under the general statutory scheme, comparable booking fees may only be imposed if the court makes a determination that the defendant has the ability to pay them, imposing the booking fee here without such a determination violated his equal protection rights under the federal and state Constitutions. Defendant also claims that the clerk's minutes and abstract of judgment do not conform with the court's oral pronouncement of sentence with respect to the amounts fixed for the restitution fine and parole revocation restitution fine.
We conclude that defendant forfeited the constitutional challenge concerning the imposition of the booking fee, but that he has correctly noted an inconsistency between the oral pronouncement of sentence, on the one hand, and the clerk's minutes and abstract of judgment, on the other hand. Accordingly, we will order the minutes and abstract of judgment modified and will affirm the judgment as modified.
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