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Name: People v. Phillips
Case #: F058534
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/02/2010

For purposes of applying Government Code section 70373, it is the date of conviction, not the date the crime is committed, that controls. Appellant argued the assessment imposed under section 70373 must be stricken because he committed the crime prior to the statute’s effective date. Though the Fifth District had previously agreed with this position, upon consideration of the Third District’s opinion in People v. Castillo (2010) 182 Cal.App.4th 1410, the court concluded that was the better view. As Castillo noted, the statute is quite similar to the court security fee found in Penal Code section 1465.8. Both statutes say the assessment must be imposed “on every conviction.” The California Supreme Court had already interpreted the court security fee provision when the Legislature enacted this one. (See People v. Alford (2007) 42 Cal.4th 749.) The fact that the Legislature worded section 70373 similarly shows it intended the statutes apply in the same manner. The assessment applies where, as here, the conviction occurs after the effective date.