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Name: People v. Crittle
Case #: C053906
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/21/2007

Where appellant was convicted of two offenses, the court could impose two court security fees under section 1465.8, but only one crime prevention fine pursuant to section 1202.5.

Appellant was convicted of two offenses, though the sentence on one count was stayed pursuant to Penal Code section 654. The court imposed two court security fees of $20 pursuant to Penal Code section 1465.8, which provides for a $20 security fee on every conviction. Appellant argued that only one security fee could be imposed because the 654 stay precluded the court from imposing a fee for the second conviction. The appellate court disagreed. Section 654, which prohibits multiple punishment for the same act, does not apply to a court security fee because that fee is not a punishment. It has a nonpunitive objective of funding. Accordingly, even though punishment was stayed, the court was required to impose a $20 security fee for each conviction. However, the trial court also imposed two $10 crime prevention fines pursuant to section 1202.5. One of those fines was unauthorized under the terms of the statute because the crime prevention fine can only be imposed once in any case. Since the second fine was unauthorized, appellant’s failure to object did not forfeit his claim on appeal.