Valenzuela

Defendant, Albert Joe Valenzuela, appeals from his no contest plea to the crimes of a lewd act upon a child (Pen. Code, § 288, subd. (a)), and failing to register as a sex offender (§ 290, subd. (b)). Defendant’s sole argument on appeal is that the trial court improperly imposed a $300 section 290.3, subdivision (a) fine. The Attorney General argues additional penalty assessments, a state surcharge, and a state court construction penalty should have been imposed. We affirm with modifications.

Defendant’s no contest plea was entered prior to the preliminary hearing and encompassed two counts in the felony complaint. Defendant pled no contest to the section 288, subdivision (a) lewd conduct charge in count 1. Further, defendant pled no contest to the charge in count 2 of failing to properly register as a sex offender in violation of section 290, subdivision (b).

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 61 L.Ed.2d 560 , 99 S.Ct. 2781 ]; People v. Elliot (2005) 37 Cal.4th 453 , 466 [ 35 Cal.Rptr.3d 759 , 122 P.3d 968 ]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909 .) According to the probation…