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Name: People v. Castellanos
Case #: B210705
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 07/29/2009
Summary

The trial court was required to impose seven additional penalties in addition to a fine pursuant to Penal Code section 1202.5, subdivision (a), for a theft-related conviction. Castellanos was convicted of a theft related crime, and, among other penalties, a fine was imposed pursuant to Penal Code section 1202.5, subdivision (a). The parties were asked to address the issue of whether the theft fine is subject to any additional assessments, surcharges, or penalties. The appellate court held that the fine is subject to additional penalty assessments (Pen. Code, sec. 1464; Gov. Code, secs. 76000, and 76000.5), the state surcharge (Pen. Code, sec. 1465.7, subd. (a)), the state court construction penalty (Gov. Code, sec. 70372), and two DNA penalties (Gov. Code, secs. 76104.6, and 76104.7). These additional obligations must be imposed in addition to the 1202.5, subdivision (a) fine. Since the penalties were mandatory, they could be imposed for the first time on appeal. However, since the trial court had no opportunity to determine appellant’s ability to pay the amount due, the case had to be remanded to the trial court to determine whether appellant, an unemployed incarcerated career criminal, had the ability to pay.