EDDARDS

People v. EDDARDS

Good Law
162 Cal. App. 4th 712·2008 Cal. App. LEXIS 654·75 Cal. Rptr. 3d 924
Court of Appeal of CaliforniaApril 30, 2008C054656California1,636 words

Opinion

Opinion

Sims, J.

A jury convicted defendant Juan Leon Eddards II of assault with a deadly weapon and by force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1); undesignated statutory references are to the Penal Code) and found that he personally inflicted great bodily injury in the commission of the assault (§ 12022.7). The jury also convicted him of battery with serious bodily injury. (§ 243, subd. (d).)

Defendant was sentenced for the assault to state prison for five years. Sentence for the battery was stayed pursuant to section 654. Execution of sentence was suspended and defendant was placed on probation for three years on the conditions, among others, that he serve 30 days of incarceration with one day of credit for time served; pay a $1,000 restitution fine plus a 10 percent administrative fee (§ 1202.4, subds. (b), (/)), a $1,000 restitution fine, stayed unless probation is revoked (§ 1202.44), a $650 fine, and a $20 court security fee (§ 1465.8); and make restitution to the state Restitution Fund in the amount of $1,055.62 plus a 10 percent administrative fee (§ 1203.1, subd. (b)).

On appeal, defendant contends (1) the 10 percent fee added to the restitution…

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