Davis

In this case we hold that the new $30 to $35 court facilities fee imposed by Government Code section 70373 does not apply to cases in which the defendant’s conviction, by plea or jury verdict, was rendered before the January 1, 2009 effective date of the statute. Earlier published opinions have held that the rules against ex post facto laws and for prospective application of a new statute are not offended where the offense was committed before the effective date but the plea, verdict or sentence occurred after that date. In this brief opinion, we fill in what may be the last remaining gap about application of this small fee.

The principal provision of the new law provides: “To ensure and maintain adequate funding for court facilities, an assessment shall be imposed on every conviction for a criminal offense, including a traffic offense, except parking offenses . . . .” The assessment is $30 for every misdemeanor or felony, and $35 for nonparking infractions. (Gov. Code, § 70373, subd. (a)(1).) It was enacted in 2008 as “part of a broader legislative scheme in which filing fees in civil, family, and probate cases were also raised.” (People v. Fleury (2010) 182 Cal.App.4th…