Ex Post Facto

The Court of Appeal agreed with the parties that the appellant’s convictions for Penal Code section 288.7 violated the state and federal constitutional prohibitions on ex post facto laws, as the offenses occurred before section 288.7 was enacted. The court and parties further agreed that pursuant to Assembly Bill No. 1869, which added, interalia, Government Code section 6111 (Stats. 2020, ch. 92, § 11), any portion of the $108.19 booking fee imposed pursuant to Government Code section 29550.2 that remained unpaid as of July 1, 2021 was uncollectible. Finally, the court and parties agreed the trial court erred in imposing two fines pursuant to Government Code section 76104.7 because when the appellant perpetrated the most recent of the charged offenses, that statute did not authorize a fee amounting to 40 percent of the applicable base fine.