The People v. Benton CA6

BACKGROUND

As defendant challenges only the imposition of the $129.75 criminal justice administration fee, we review only the facts pertinent to that issue. On November 26, 2012, defendant pleaded no contest to making a criminal threat in violation of Penal Code section 422. He filled out a written “Advisement Of Rights, Waiver, And Plea Form,” which provided, “Depending upon my ability to pay, I may . . . be required to pay . . . a criminal justice administration fee of up to $259.50. . . .” The probation officer’s report recommended that “[a] $129.75 Criminal Justice Administration fee to the City of Sunnyvale be imposed pursuant to Government Code [sections] 29550, 29550.1 and 29550.2.” The probation report reflected that trial counsel had instructed the probation officer not to interview defendant, and thus the probation report does not contain any information about defendant’s employment history, education, or training. At the sentencing hearing on December 20, 2012, the trial court indicated it was planning to “impose all of the recommended terms as set forth in the probation report.” After hearing from the victim and defendant, the court imposed a 16-month sentence. It…