Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 9. APPEALS IN FELONY CASES / CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof
California Codes

Cal. Penal Code § 1237.2 (2026)

Appeals, When Allowed and How Taken, and the Effect Thereof

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An appeal may not be taken by the defendant from a judgment of conviction on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction in the trial court, which may be made informally in writing. The trial court retains jurisdiction after a notice of appeal has been filed to correct any error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs upon the defendant’s request for correction. This section only applies in cases where the erroneous imposition or calculation of fines, penalty assessments, surcharges, fees, or costs are the sole issue on appeal.

Notes of Decisions
Cited in 16 cases (9 in the last 5 years), 1948–2026 · leading case: People v. Watts, 2 Cal. App. 5th 223 (Cal. Ct. App. 2016).
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People v. Watts, 2 Cal. App. 5th 223 (Cal. Ct. App. 2016). “2 prohibits appeals in which the sole issue raised involves “the erroneous imposition or calculation of fines, penalty assessments, surcharges, fees, or costs” if the defendant does not first object or seek correction in the trial court.”
People v. Boyce, 197 P.2d 842 (Cal. Ct. App. 1948). “(Pen. Code, § 1237.2; People v. Martin, 199 Cal.”
People v. Pedregon, No. D076282 (Cal. Ct. App. Nov. 17, 2020). · cites it 4× “Penal Code section 1237.2 provides that “[a]n appeal may not be taken by the defendant from a judgment of conviction on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant first presents the claim…”
People v. Baker, 250 Cal. App. 2d 472 (Cal. Ct. App. 1967). “The appeal from the order denying a motion for a new trial is dismissed. The judgment is affirmed.”
People v. Wells, No. F080461 (Cal. Ct. App. Feb. 11, 2021). · cites it 2× “Penal Code section 1237.2 provides that “[a]n appeal may not be taken by the defendant from a judgment of conviction on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant 6.”
People v. Reyes, No. B304710 (Cal. Ct. App. July 2, 2021). · cites it 2× “Torres (2020) 44 Cal.App.5th 1081 , 1086 (Torres).) The statute provides: “An appeal may not be taken by the defendant from a judgment of conviction on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or 3 costs unless the…”
People v. Elves, No. H042553 (Cal. Ct. App. Mar. 9, 2016). “3 Penal Code section 1237.2 now provides: “An appeal may not be taken by the defendant from a judgment of conviction on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant first presents the claim…”
People v. Zaragoza, No. B269160 (Cal. Ct. App. Aug. 31, 2016). “1 Defendant’s notice of appeal was filed two weeks before the effective date of Penal Code section 1237.2, which now provides: “An appeal may not be taken by the defendant from a judgment of conviction on the ground of an error in the imposition or calculation of fines, penalty…”
People v. Smith, No. B299441 (Cal. Ct. App. Nov. 9, 2020). “2 only applies when the only issue on appeal concerns the imposition or calculation of them.”
People v. Cooper, No. B301874 (Cal. Ct. App. Feb. 16, 2021). “3 Penal Code section 1237.2 provides in part, “The trial court retains jurisdiction after a notice of appeal has been filed to correct any error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs upon the defendant’s request for correction.”
People v. Saidy-Powell, No. B301649 (Cal. Ct. App. Feb. 25, 2021). “) In the meantime, on September 17, 2019, Saidy-Powell filed in the trial court a pleading entitled “Motion to Strike or Stay Fines and Assessments (Pen. Code § 1237.2).” Citing People v. Dueñas (2019) 30 Cal.”
People v. Delgado, No. E074677 (Cal. Ct. App. June 28, 2021). “) Because the sole issue in this appeal concerns the imposition of fines and fees, and defendant failed to present this issue in the trial court, Penal Code section 1237.2 compels that we dismiss the appeal.”
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