People v. Alamillo CA2/6

FACTS

At 1:29 a.m., on August 21, 2023, Alamillo broke into a closed Kentucky Fried Chicken restaurant. He used tools to open a cash register and take money. When he opened a door to leave, an “alarm was activated.” The People filed a “felony information” alleging one count of second degree commercial burglary. (Pen. Code, § 459.) Alamillo entered into a negotiated plea agreement. After Alamillo’s guilty plea, the trial court sentenced him to “16 months of felony jail.” The court ruled the fines and fees mentioned in the probation report were imposed as part of the sentence. They included: 1) a $300 restitution fine (Pen. Code, § 1202.4, subd. (b)); 2) restitution to the victim “in an amount to be determined by further order of the Court”; and 3) a $10 fine plus penalty assessment “pursuant to [section] 1202.5 of the Penal Code.” Alamillo did not claim that he lacked the ability to pay these fines at the sentencing hearing. There were two assessments the trial court did not mention at the sentencing hearing – a $30 court facilities assessment (Gov. Code, § 70373) and a $40 court operations assessment (Pen. Code, § 1465.8). Alamillo had agreed to pay these two assessments in his…