Fleury

People v. Fleury

Good Law
106 Cal. Rptr. 3d 722·182 Cal. App. 4th 1486·2010 Cal. App. LEXIS 371
Court of Appeal of CaliforniaMarch 19, 2010C061629California2,855 words

Opinion

Opinion

Blease, J.

The sole issue raised in this appeal is whether imposition of the $30 court facilities assessment mandated by Government Code section 70373 for crimes committed before the enactment of the statute violates state and federal prohibitions against ex post facto laws. We find that the Legislature did not intend for the assessment to constitute punishment, and that the assessment is not so punitive as to override the Legislature’s intent. (People v. Alford (2007) 42 Cal.4th 749, 756 [ 68 Cal.Rptr.3d 310 , 171 P.3d 32 ] (Alford).) Thus, we shall conclude the assessment does not violate state or federal prohibitions against ex post facto laws and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In December 2007, defendant Claudine Fleury made several attempts to bum down an uninhabited dwelling, damaging the dwelling in the process. She also destroyed an outdoor air-conditioning unit with a pair of bolt cutters.

In April 2009, she pleaded no contest to arson of an uninhabited structure (Pen. Code, §451, subd. (c)) and felony vandalism (id., § 594, subds. (a), (b)(1)) in exchange for dismissal of the remaining counts.

She was sentenced to two years eight months in state…

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