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Name: People v. Robertson
Case #: C058306
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/26/2009

Ten percent administrative fee to cover cost of collecting restitution fine was properly imposed. Robertson pleaded no contest to controlled substance offenses and was sentenced to 13 years in state prison and other orders, including a restitution fine of $1200 pursuant to Penal Code section 1202.4, subdivision (b), with a 10 percent administrative fee. On appeal, Robertson contended that the administrative fee was unauthorized and had to be stricken. He contended that the administrative fee is authorized by section 1202.4, subdivision (l) only when the restitution is to be paid directly to the victim. The appellate court rejected the argument, finding that subdivision (l) clearly and unambiguously provides for a 10 percent administrative fee to be imposed on any restitution fine ordered pursuant to section 1202.4, subdivision (b). The holding in People v. Eddards (2008) 162 Cal.App.4th 712, does not preclude the trial court from doing so.