Knightbent

In this case, the services of an appointed counsel and a deputy attorney general, together with three justices and staff of this court, are applied to the resolution of a single issue: whether the court’s order imposing a $34 fine on defendant was proper under Penal Code section 1202.5, subdivision (a) (hereafter section 1202.5(a)). Defendant argues the court erred and the fine must be reduced to $10.

We shall conclude that indeed the court erred, but the error benefitted defendant and, as the Attorney General correctly asserts, the court should have imposed a total fine of $66. We shall modify the judgment accordingly and affirm in all other respects.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was accused of second degree robbery (§ 211) and second degree burglary (§ 459). She pled guilty to second degree robbery, with the burglary count and the charges in two separate cases dismissed with a Harvey waiver. (People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ].) On February 17, 2009, the trial court denied probation and sentenced defendant to two years in prison (the low term).

The trial court also imposed fees and fines which included a total…