Hart

People v. Hart

Good Law
65 Cal. App. 4th 902·76 Cal. Rptr. 2d 837
Court of Appeal of CaliforniaAugust 18, 1998C026947California1,575 words

Opinion

Opinion

Morrison, J.

Defendant entered a plea of no contest to possessing a firearm, having previously been convicted of a felony (Pen. Code, § 12021, subd. (a)(1)), further undesignated statutory references are to this code). Granted probation in accordance with his plea bargain, defendant appeals contending the trial court erred in entering a civil money judgment against him for the fines and costs imposed and challenging certain conditions of his probation. We shall affirm the conviction, vacate the money judgment and modify the conditions of probation.

Facts

Following entry of defendant’s no contest plea, the trial court set defendant’s sentencing for April 28, 1997. On that date, county counsel for the County of El Dorado filed a “Notice of Motion for Order of Money Judgment” asking the court to enter a civil money judgment for sums owed to the county pursuant to the criminal conviction. Based upon a declaration by the probation officer stating she had recommended defendant be ordered to pay $1,260 in “fines, restitution and law enforcement assessments as conditions of a grant of probation” the county sought an order for entry of a money judgment in that amount plus interest of 10…

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