The People v. Olbert CA3

BACKGROUND

Because the facts of the underlying offenses do not relate to defendant’s contentions on appeal, we focus on the relevant background. Defendant pleaded no contest to robbery (Pen. Code, § 211),1 attempted robbery (§§ 664/211), forgery (§ 475, subd. (c)), identity theft (§ 530.5, subd. (a)), access card theft (§ 484e, subd. (d)), and receiving stolen property (§ 496, subd. (a)). He admitted that he personally used a deadly weapon (§ 12022, subd. (b)(1)) and that he had a prior serious felony conviction. In exchange, the parties agreed the trial court would sentence defendant to a term of 25 years in state prison. The trial court granted the People’s motion to dismiss the remaining charges and enhancements. The probation report recommended imposition of a $287.78 main jail booking fee and a $59.23 main jail classification fee, both pursuant to Government Code section 29550.2. Defendant did not object to imposition of those fees. The trial court sentenced defendant in accordance with the plea agreement and ordered him to pay the main jail booking fee and main jail classification fee.

DISCUSSION

I Defendant contends there is insufficient evidence of his ability to pay…