P.

P. v. Scott CA4/3

Good Law
Court of Appeal of CaliforniaJuly 30, 2013G047218California670 words

Opinion

Opinion

Ikola, J.

FACTS

Defendant was a passenger in a vehicle stopped by the police for a broken tail light. The police searched the vehicle. The search uncovered a laptop computer case containing a gun and bullets, as well as a ticket stub bearing defendant’s name. Defendant admitted he owned the gun.

DISCUSSION

At the sentencing hearing on July 27, 2012, the court, after sentencing defendant to the low term of 16 months in county jail, stated, “The court will also impose the following fines: A $40 court operation fee, a $30 criminal conviction assessment fee. The court will also impose a state restitution fund fee of $200 as this [offense] did occur before January 1st of 2012.” The court ordered defendant to pay the required fees within 18 months. Because defendant would receive credits while serving his 16-month jail term, the court reasoned that an 18-month payment due date for the fines would provide

2 defendant “plenty of cushion . . . to pay the fees.” At the sentencing hearing, the court made no mention of a criminal justice administration fee or booking fee. Thus, defendant had no opportunity to object to the imposition of such a fee. The record contains a written “Order to Pay County…

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