Stewart

Defendant, Larry David Stewart, appeals from a judgment of conviction, following a court trial, of 10 counts of committing a lewd act upon a child in violation of Penal Code section 288, subdivision (c)(1). Defendant was sentenced to prison and ordered to pay a section 1202.4, subdivision (b)(1) restitution fine; in the event he violated the conditions of parole, pay an additional section 1202.45 parole restitution fine; make victim restitution pursuant to section 1202.4, subdivision (f); provide blood and saliva samples as well as right thumbprint and palm print exemplars as mandated by section 296, subdivision (a); and register as a sex offender as required by section 290, subdivision (a)(2)(A).

Additionally, the trial court imposed a section 290.3, subdivision (a) sex offender fine. But the trial court did not also impose any section 1464, subdivision (a) or Government Code section 76000, subdivision (a) penalty assessments on the section 290.3, subdivision (a) sex offender fine. In the published portion of this opinion, we discuss whether the trial court should have also assessed both section 1464, subdivision (a) and Government Code section 76000, subdivision (a)…