Fines/Fees/Assessments Archives | Page 3 of 13

Categories: Fines/Fees/Assessments, Sentencing

Summary

The criminal laboratory analysis fee (Health & Saf. Code, § 11372.5) is not subject to penalty assessments. Watts pleaded no contest to possession of methamphetamine for sale and received probation. The trial court imposed a $190 crime-lab fee (Health &…

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Name: People v. Soto

Case #: H042115

Opinion Date: 03/25/2016

Categories: Fines/Fees/Assessments, Probation, Probation / Parole / PRCS, Restitution, Sentencing

Summary

Probation condition requiring defendant to obtain permission before changing his residence or leaving California was improper. Soto entered a no contest plea to driving with a blood alcohol content of .08% (Veh. Code, § 23152, subd. (b)) and driving on…

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Name: People v. Butler

Case #: B259153

Opinion Date: 01/15/2016

Categories: Fines/Fees/Assessments, Realignment, Sentencing

Summary

Penal Code section 1202.45 revocation fine may not be imposed on defendant who received straight felony county jail sentence under Penal Code section 1170, subdivision (h). Butler was convicted of misdemeanor false imprisonment and felony resisting an officer. He was…

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Name: People v. Morris

Case #: H041781

Opinion Date: 11/12/2015

Categories: Credits, Fines/Fees/Assessments, Prop 47, Sentencing

Summary

After Proposition 47 resentencing, a defendant's excess custody credits may be applied to reduce eligible fines, including restitution fines in cases where the crime occurred before 2014. In 2013, Morris pleaded no contest to felony petty theft with priors (Pen.…

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Name: People v. Uffelman

Case #: C072479

Opinion Date: 09/08/2015

Categories: Fines/Fees/Assessments, Sentencing

Summary

Trial court properly imposed fines under both Penal Code sections 672 and 1205.5 in a burglary case. Uffelman pleaded guilty to burglary. The court ordered him to pay fines under both Penal Code sections 672 and 1205.5. Uffelman appealed, arguing…

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Name: People v. Preston

Case #: C075938

Opinion Date: 08/12/2015

Categories: Fines/Fees/Assessments, Restitution, Sentencing

Summary

Trial court erred by imposing new restitution fund fines (Pen. Code, § 1202.4) when it revoked probation because the original restitution fund fines remained in effect. This appeal involved three separate cases. In 2005, Preston pled guilty to forgery (case…

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Name: People v. McCoy

Case #: B260449

Opinion Date: 08/12/2015

Categories: Fines/Fees/Assessments, Parole, Probation / Parole / PRCS, Prop 47, Sentencing

Summary

Defendant resentenced to a misdemeanor under Proposition 47 cannot use excess custody credits to reduce his one year Proposition 47 parole term. McCoy pled guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted six…

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Name: People v. Namphonh

Case #: C075331

Opinion Date: 06/11/2015

Categories: Abuse of Discretion, Fines/Fees/Assessments, Sentencing

Summary

When considering whether a defendant possesses the ability to pay for a sex offense victim's medical examination (Pen. Code, § 1203.1h, subd. (b)), the trial court is not limited to considering the defendant's present financial situation. Namphonh was convicted of…

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Name: People v. Simmons

Case #: A135668

Opinion Date: 02/05/2015

Categories: By CALCRIM Number, By CALJIC Number, Evidence, Fines/Fees/Assessments, Guilty Pleas, Insufficiency/Sufficiency of, Invited Error, Jury Instructions, Plea Bargaining, Pleas, Sentencing, Trial Proceedings

Summary

Doctrines of invited error and estoppel preclude defendant from complaining that trial court abused its discretion by granting his request to withdraw his plea. Simmons and his codefendant Malbrough were charged with dozens of felonies apiece arising from a series…

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Name: People v. Trujillo

Case #: S213687

Opinion Date: 01/12/2014

Categories: Fines/Fees/Assessments, Sentencing

Summary

Appellate forfeiture rule applies where defendant fails to object to trial court's order to pay costs of probation supervision and presentence investigation fees. Trujillo was found guilty of receiving stolen property. She was referred to the probation department for a…

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