California, United States of America
The following excerpt is from People v. Suarez, H041111 (Cal. App. 2016):
sentencing memorandum, or some other writing, the court could state the amount and statutory basis for the base fine and make a shorthand reference in its oral pronouncement to 'penalty assessments as set forth in the' probation report, memorandum, or writing as authorized in [People v. Sharret (2011) 191 Cal.App.4th 859] and [People v. Voit (2011) 200 Cal.App.4th 1353]." (Hamed, supra, 221 Cal.App.4th at pp. 939-940.)
This failure to specify the statutory basis for each fine is a "legal error[] at sentencing" that can be reviewed on appeal " 'regardless of whether an objection or argument was raised . . . .' " (People v. Smith (2001) 24 Cal.4th 849, 852.) On remand, the trial court shall specify the appropriate statutory bases for the fines imposed.
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