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Name: People v. Valencia
Case #: B199951
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 09/18/2008
Summary

The court security fee pursuant to Penal Code section 1465.8 does not support a DNA penalty assessment. Appellant was convicted of murder, numerous counts of attempted murder, shooting into an occupied automobile, and accompanying enhancements. At the sentencing hearing, the court imposed a $20 court security fee pursuant to Penal Code section 1465.8 plus a $20 penalty pursuant to Government Code section 76104.6. Noting that the 2007 amendment to section 1465.8 specifically precluded application of the penalties authorized in section 76000 et seq., the appellate court ordered the penalty assessment stricken.