Can a defendant be remanded in custody for failing to pay a fine under section 290.3 of the Penal Code?

With regard to the second claim, because the trial court did not mention the fine under subdivision (a) of Penal Code section 290.3 during the sentencing hearing at which it pronounced judgment, it cannot be given effect.⁹ (See People v. Walz (2008) 160 Cal.App.4th 1364, 1367, fn. 3.) Unlike the situation in People v. Morales (2014) 224 Cal.App.4th 1587, 1594, the fine is not automatic, but instead rests on a court determination that the defendant has the ability to pay it; therefore, we may not simply correct the judgment to impose it. For all we know, the court may have thought defendant could not pay the fine and so declined to impose it during sentencing. Rather than remand for a clarification of that question (see People v. Walz, supra, 160 Cal.App.4th at pp. 1370-1371), judicial economy is served by correcting the abstract of judgment to remove the fine.