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Name: People v. Lopez
Case #: E048655
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/15/2010

The assessment under Government Code section 70373 applies to crimes committed before the statute’s effective date, as long as the actual date of conviction occurs after the effective date. Appellant challenged the imposition of the Government Code section 70373 assessment because his crime was committed before the effective date of the statute. The appellate court held it is the date of the conviction, not the date of the crime, that controls application of the statute. The court found it significant that the statute specifically refers to “conviction[s]” and that it was enacted as a budgetary measure, not as a punitive one. Since the jury convicted appellant after the effective date of the statute, it was properly imposed. (Accord People v. Castillo (2010) 182 Cal.App.4th 1410, People v. Phillips (2010) 186 Cal.App.4th 475.)