People v. Adkins CA4/1

A model's reading — qwen3.8-27b, prompt v1, 2026-10-13T04:17Z · confidence high

The trial court resentenced the defendant and erroneously stated in the abstract of judgment that it was reimposing a $1,200 restitution fine, despite having originally imposed a $1,000 fine. The Court of Appeal modified the judgment to correct the clerical error, striking the $1,200 amount and affirming the original $1,000 fine.

Ruling reviewed	Standard	The court	The model
Trial court's imposition of a $1,200 restitution fine during resentencing “Because the trial court intended to reimpose the original fine but mistakenly stated the wrong fine amount, we will amend the January 2023 abstract of judgment to accurately reflect the trial court’s reimposition of Adkins’s original $1,000 restitution fine.”	unclear	error	agree with court The appellate court determined that the trial court made a clerical error in stating the fine amount, as the intent was to reimpose the original fine, not impose a new one.

Authorities

• relied: People v. Cropsey (2010) 184 Cal.App.4th 961 — To 'reimpose' a restitution fine is to confirm or acknowledge the same fine that previously had been imposed, not to impose a new fine.
• relied: People v. Arata (2004) 118 Cal.App.4th 195 — Supports the definition of reimposing a fine as confirming a previously imposed fine.
• relied: People v. Holman (2013) 214 Cal.App.4th 1438 — Supports the definition of reimposing a fine as confirming a previously imposed fine.
• relied: People v. Zackery (2007) 147 Cal.App.4th 380 — Where there is a discrepancy between the oral pronouncement of judgment and the minute order or abstract of judgment, the oral pronouncement controls.
• relied: People v. Mitchell (2001) 26 Cal.4th 181 — The court has inherent power to correct clerical errors in its records at any time to reflect true facts.
• relied: People v. Culpepper (1994) 24 Cal.App.4th 1134 — Supports the power to order correction of an abstract of judgment to reflect true facts.
• relied: People v. Donan (2004) 117 Cal.App.4th 784 — Supports the power to order amendment of an abstract of judgment in accordance with the court's opinion.

The appellate opinion: sound — The opinion correctly applies the principle that 'reimposing' a fine confirms the original amount rather than setting a new one, and relies on established authority regarding the correction of clerical errors in abstracts of judgment. The reasoning is concise and directly addresses the discrepancy between the intended sentence and the recorded abstract.

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A model's reading — claude-fable-5-1, prompt v1, 2026-10-13T04:30Z · confidence low

At a January 2023 resentencing, the San Diego Superior Court struck two prison prior enhancements, imposed 25 years to life plus one year for a deadly weapon enhancement, and stated it would "reimpose the original fine of $1,200" under Penal Code section 1202.4(b), although the original restitution fine imposed at the first sentencing was $1,000 and had been paid. The Court of Appeal, with the People's concession, held the stated amount was a mistake, modified the judgment to reimpose the original $1,000 fine, affirmed as modified, and directed the trial court to amend the abstract of judgment.

Ruling reviewed	Standard	The court	The model
Trial court's statement at resentencing that it would 'reimpose' the original restitution fine under section 1202.4(b) in the amount of $1,200, when the original fine was $1,000 “Because the trial court intended to reimpose the original fine but mistakenly stated the wrong fine amount, we will amend the January 2023 abstract of judgment to accurately reflect the trial court’s reimposition of Adkins’s original $1,000 restitution fine.”	unclear	error (other)	agree with court The opinion does not articulate a standard of review, but the issue is a pure question of law on an undisputed record: the original fine was $1,000, the resentencing court expressly stated it was reimposing the 'original' fine, and under Cropsey, Arata and Holman a reimposed restitution fine is the same fine previously imposed, not a new or different one. Treating the $1,200 figure as a misstatement and correcting it under the court's inherent power recognized in Mitchell is consistent with the authorities cited, and the People conceded the error. The result is correct.

Authorities

• relied: People v. Cropsey (2010) 184 Cal.App.4th 961 — To 'reimpose' a restitution fine is not to impose a new fine but to confirm or acknowledge the same fine previously imposed upon conviction.
• relied: People v. Arata (2004) 118 Cal.App.4th 195 — A restitution fine imposed at the original sentencing survives and is not to be replaced by a new or different fine at a later sentencing proceeding.
• relied: People v. Holman (2013) 214 Cal.App.4th 1438 — A restitution fine previously imposed remains in force and should be reimposed in the same amount rather than newly imposed.
• relied: People v. Zackery (2007) 147 Cal.App.4th 380 — Where there is a discrepancy between the oral pronouncement of judgment and the minute order or abstract of judgment, the oral pronouncement controls.
• relied: People v. Mitchell (2001) 26 Cal.4th 181 — Courts have inherent power to correct clerical errors in their records at any time so the records reflect the true facts; an abstract of judgment must accurately reflect the judgment pronounced.
• relied: People v. Culpepper (1994) 24 Cal.App.4th 1134 — An appellate court may order the trial court to correct the abstract of judgment to reflect the accurate terms of the judgment.
• relied: People v. Donan (2004) 117 Cal.App.4th 784 — An appellate court may order the trial court to amend the abstract of judgment in accordance with its opinion.

The appellate opinion: sound — The court correctly identified the governing rule that reimposing a restitution fine means confirming the same fine originally imposed, and it properly used the inherent power to correct clerical misstatements to restore the $1,000 figure, with the People's concession. The opinion is brief and does not state a standard of review, but the single conceded issue did not require more.

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