Castillo

People v. Castillo

Good Law
106 Cal. Rptr. 3d 688·182 Cal. App. 4th 1410·2010 Cal. App. LEXIS 351·2010 WL 971132
Court of Appeal of CaliforniaMarch 18, 2010C061806California1,435 words

Opinion

Opinion

Butz, J.

On July 30, 2007, the victim was in his parked truck when defendant Miguel Angel Castillo pointed a gun at him and said, “Get the fuck out of the truck, or I will kill you.” The victim complied, and defendant took his truck.

In 2009, a jury convicted defendant of carjacking, and found he personally used a firearm. (Pen. Code, §§ 215, subd. (a), 12022.53, subd. (b).) The trial court sentenced defendant to state prison for 19 years. Defendant timely appealed.

On appeal, defendant contends the trial court should not have ordered him to pay a $30 criminal conviction assessment, because the statute authorizing the assessment was enacted after the date of his crimes. We disagree.

DISCUSSION

Government Code section 70373 (section 70373), provides in part: “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 as defined in subdivision (i) of Section 1463 of the Penal Code, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. The assessment shall be imposed in the amount of thirty…

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