McCoy
People v. McCoy
Opinion
Opinion
Turner, J.
I. INTRODUCTION
Defendant, Timothy Daniel McCoy, appeals after he was found in violation of probation. In the published portion of this opinion, we address the application of Senate Bill No. 425 (2007-2008 Reg. Sess.) (enacted as Stats. 2007, ch. 302; hereafter Senate Bill No. 425) which was signed into law by Governor Arnold Schwarzenegger on October 5, 2007, to the present case. We conclude Senate Bill No. 425 applies to this case and thereby affects the calculation of the Government Code section 70372, subdivision (a) state court construction penalty. We further conclude that the trial court should have imposed a section 70372, subdivision (a) state court construction penalty of $15 and a Penal Code section 1465.7, subdivision (a) state court surcharge of $10. It bears emphasis we are only addressing a felony sentence imposed in Los Angeles County. As will be noted, in other counties, the result may be different.
II. BACKGROUND
On May 10, 2006, defendant pled no contest to a charged cocaine possession. (Health & Saf. Code, § 11350, subd. (a).) Defendant signed and initialed an “Advisement of Rights, Waiver, and Plea Form for Felonies and/or Misdemeanors—Proposition…