People v. Knowles CA3

BACKGROUND

Elk Grove police officers conducted a vehicle stop for a failed middle brake light and a license plate violation. Defendant was the driver; his girlfriend, the car‟s owner, was a passenger. After learning defendant was on parole, officers conducted a search of

1 the car, which discovered 5.18 grams of heroin in a cylinder attached to a keychain and a plastic bag containing 2.3 grams of marijuana. The officers arrested defendant and booked him into Sacramento County Main Jail. The probation report recommended defendant pay a $340.01 main jail booking fee pursuant to Government Code section 29550.2.1 At sentencing, the trial court ordered defendant “to pay a $340.01 main jail booking fee pursuant to Section 29550.2 of the Government Code” and “a drug program fee of $150 plus $130 in penalties and assessments.” Defendant did not object to either fee.

DISCUSSION

I Defendant contends the trial court erred in imposing the booking fee because it did not find he had an ability to pay it. We disagree. A. Before addressing defendant‟s contention, we address an initial error by the trial court regarding the booking fee. The statute relied on by the trial court, section…