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Name: People v. Knighbent
Case #: C061208
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/19/2010
Summary

The fine under Penal Code section 1202.5 is subject to penalty assessments. The question before the court was whether the $10 theft fine under section 1202.5 is subject to penalty assessments. Appellant argued the fine was comparable to the restitution fine under section 1202.4, and so no assessments could be added to the base fine. The court disagreed and held assessments are mandatory. The Legislature expressly said in the statute that section 1202.4 is not subject to assessments. (See Pen. Code, sec. 1202.4, subd. (e).) Section 1202.5 does not so provide. The court affirmed the assessments and added some additional ones omitted by the trial court.