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Name: People v. Davis
Case #: B216348
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 06/18/1810

The court facilities fee (Gov. Code, sec. 70373) does not apply to cases in which the defendant’s conviction, whether by plea or jury verdict, was rendered before January 1, 2009, the effective date of the statute. The issue before the court was the application of Government Code section 70373. The court noted ex post facto and prospective application arguments have already been rejected by the appellate courts. But, “it remains to consider what constitutes a “conviction”—is it the verdict or guilty plea, or the ensuing sentence and judgment of conviction?” (Here the crime and the plea were pre-effective date.) For purposes of the statute, the court found a person is “‘convicted’ upon the return of a guilty verdict by the jury or by the entry of a plea admitting guilt.” “Since the statute only applies to cases in which the conviction occurs on or after its effective date, it does not apply to this case.”