P.

P. v. Taylor CA5

Good Law
Court of Appeal of CaliforniaJuly 10, 2013F065026California310 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

As part of a negotiated plea, defendant and appellant Mark Ernest Taylor pled no contest to one count of possession of a controlled substance. (See Health & Saf. Code, § 11377, subd. (a).) Defendant also admitted a violation of the terms of postrelease supervision in an unrelated case. The court imposed an operative prison sentence of 16 months in county jail. The court imposed various fines and fees including, as relevant here, a $45 fee under Penal Code section 1205, subdivision (d) as it then existed. (The operative section is now Pen. Code, § 1205, subd. (e).) The fee seeks to recover the administrative and clerical costs of receiving payment of other fees and fines. However, under both former subdivision (d) and current subdivision (e), the maximum fee is set at $30. (See Pen. Code, § 1205, subd. (e).)

DISCUSSION

Defendant contends, and respondent concedes, the accounts receivable fee may not exceed $30. Defendant further contends, and respondent concedes, a sentence inappropriately imposing a higher fee is unauthorized and may be corrected at any time, even though no objection was made in the trial court. (See People v. Welch (1993) 5 Cal.4th…

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