Robertson
People v. Robertson
Opinion
Opinion
Davis, J.
We publish this decision to correct a misunderstanding by the parties, not the trial court, concerning this court’s decision in People v. Eddards (2008) 162 Cal.App.4th 712 [ 75 Cal.Rptr.3d 924 ] (Eddards), which held that when, as a condition of probation, a defendant is ordered to pay “restitution to the victim or the Restitution Fund” (Pen. Code, § 1203.1, subd. (b)), an administrative fee of up to 10 percent of the amount may be imposed to cover a county’s cost of collecting “restitution to be made to the victim” (Pen. Code, § 1203.1, subd. (/)) but not when the payment is to be made to the Restitution Fund. (Eddards, supra, 162 Cal.App.4th at pp. 716-717.)
As we will explain, the holding in Eddards does not preclude a trial court from imposing a 10 percent administrative fee to cover a county’s cost of collecting a “restitution fine” (Pen. Code, § 1202.4, subd. (/)) ordered pursuant to Penal Code section 1202.4, subdivision (a)(3)(A).
Here, defendant Steven Mark Robertson pleaded no contest to possession of methamphetamine for sale (Health & Saf. Code, § 11378), admitted an allegation that he was personally armed with a firearm during the commission of the offense…