State v. Day

Pecuniary penalties imposed in a written judgment but not pronounced at sentencing is unlawful. If a court uses a shorthand phrase, it must: (1) be immediately apparent in the record the parties understood what the shorthand meant; and (2) the shorthand included the obligations on the written judgment.

Defendant pled no contest to crimes relating to arson. His judgment order included both the restitution amount ordered at sentencing, and the shorthand phrase: “Abide  by  the  financial  conditions  of  probation [sic]  document  furnished  to  you  by  the  court, probation  officer  or  Department  of  Justice  collection  agent.” Defendant appealed, arguing that this statement references an extraneous financial obligation not announced in open court. The imposition of pecuniary penalties in a written judgment not pronounced at sentencing is unlawful. If a court uses a shorthand phrase, it must: (1) be immediately apparent in the record the parties understood what the shorthand phrase meant; and (2) the shorthand phrase included the obligations on the written judgment. Here, the court found that it was clear from the record that all parties understood the phrase to mean that the defendant would comply with collections efforts, that the obligation was on the written judgment, and the defendant failed to allege any other conditions. The court affirmed the judgment.