P.

P. v. Laws CA5

Good Law
Court of Appeal of CaliforniaAugust 2, 2013F065844California386 words

Opinion

Opinion

DISCUSSION

Appellant committed the robbery of which he stands convicted in the instant case in February 2010. At that time, section 1465.8 provided for a $30 assessment for “every conviction for a criminal offense.” (Former § 1465.8, subd. (a)(1).) The statute was amended, effective October 19, 2010, to increase the fee from $30 to $40 per conviction. (Stats. 2010, ch. 720, § 33, p. 4918.) As indicated above, the court imposed a section 1465.8 court security fee of $40 for appellant’s February 2010 robbery conviction. Appellant contends that, because he committed the offense before the effective date of the amendment to section 1465.8 raising the court security fee from $30 to $40, the trial court’s imposition of a $40 section 1465.8 court security fee violated the constitutional prohibition against ex post facto laws. We disagree. In People v. Alford (2007) 42 Cal.4th 749 (Alford), the California Supreme Court addressed the issue of whether the imposition of a court security fee for

All further statutory references are to the Penal Code.

2 convictions concerning crimes that occurred prior to the security fee’s enactment constitutes the application of an ex post facto…

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