Does the Attorney General have the authority to amend the abstract of judgment of a criminal conviction to add the amount of laboratory and drug program fees that attach to the corporal injury conviction?

Defendant directs our attention to People v. High (2004) 119 Cal.App.4th 1192 and People v. Hamed (2013) 221 Cal.App.4th 928. Neither of these cases requires a different result. In High, the trial court failed to articulate the amounts that represented statutorily allowable fees as distinguished from penalties. The court provided only a total sum for the " 'fee, together with surcharges and penalties,' " thus impeding collection efforts of state and local agencies. (119 Cal.App.4th at p. 1200.) In Hamed, the court found the penalty assessments were inaccurate. (221 Cal.App.4th at p. 940.) Here, defendant does not contend that the assessments were unauthorized or miscalculated,⁷

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and the trial court was not required to itemize those amounts. (See Sharret, supra, 191 Cal.App.4th at 864.)

Defendant does correctly contend, and the Attorney General agrees, that the abstract of judgment incorrectly appends the laboratory and drug program fees to the corporal injury conviction. We agree the abstract of judgment must be amended to reflect that these fees attach to the drug case. "Courts may correct clerical errors at any time, and appellate courts . . . that have properly assumed jurisdiction of cases have ordered correction of abstracts of judgment that did not accurately reflect the oral judgments of sentencing courts. [Citations.]" (People v. Mitchell (2001) 26 Cal.4th 181, 185.)

The trial court is directed to modify the abstract of judgment to reflect that the laboratory and drug program fees attach to defendant's conviction in the drug case. The judgment is affirmed in all other respects and the petition for writ of habeas corpus is denied.

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/s/_________
Pollak, J.

We concur:

/s/_________
McGuiness, P. J.

/s/_________
Siggins, J.

Footnotes:

^1. People v. Harvey (1979) 25 Cal.3d 754, 758.

^2. All further statutory references are to the Penal Code unless otherwise noted.