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Name: People v. Stewart
Case #: B168501
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 04/13/2004
Subsequent History: Mod. 4/16/04

At his sentencing for multiple sex offenses, the trial court imposed a Penal Code section 290.3, subdivision (a) sex offender fine, but did not also impose any section 1464, subdivision (a) or Government Code section 76000, subdivision (a) penalty assessments on the fine. The appellate court here held that the assessments should have been imposed, and the error was a jurisdictional one which could be raised for the first time on appeal despite the prosecutor’s failure to raise it below. Unlike section 290.3, there is no ability to pay provision for the penalty assessments. Once the 290.3, subdivision (a) sex offender fine is imposed, the trial court must impose the penalty assessments.