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Name: People v. Sencion
Case #: B236985
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 11/28/2012
Summary

Trial court is required to impose a court security fee and criminal conviction fee as to each count, including those counts stayed pursuant to Penal Code section 654. Appellant was convicted of second degree murder, two counts of assault with a deadly weapon and other offenses. At the time of sentencing the trial court did not orally pronounce a $30 court facilities assessment (Gov. Code, § 70373, subd. (a)(1)) or a court security fee (Pen. Code, § 1465.8, subd. (a)(1)). These fees apply to each count of which the defendant is convicted. Previous Court of Appeal cases have found that a section 654 stay does not apply to a court security fee, because it is not punishment. Likewise, the court facilities fee is not punitive, therefore, section 654 does not apply to this assessment either.

It was error for the trial court to impose multiple Penal Code section 1202.4 and 1202.45 fines based on one case. The court imposed a $500 section 1202.4 restitution fine on the murder count and a $200 fine as to each of three other counts. A like parole revocation fine was imposed pursuant to section 1202.45. This was error because a defendant is subject to only one section 1202.4, subdivision (b)(1) fine and one section 1202.45 parole revocation fine per case. However, there was no prejudice to appellant, as the total amount imposed was within the statutory range of $200 to $10,000.