Valencia

People v. Valencia

Good Law
172 Cal. Rptr. 3d 1·2014 Cal. App. LEXIS 428·226 Cal. App. 4th 326·2014 WL 2048414
Court of Appeal of CaliforniaMay 19, 2014B245709California1,427 words

Opinion

Opinion

Turner, J.

Defendant, Carlos Albert Valencia, appeals from the November 2, 2012 judgment entered after he pled no contest to charges of forgery, forged prescription, and transportation and possession for sale of hydrocodone and alprazolam. He pled no contest after his motion to suppress evidence was denied by the trial court. Defendant appeals under Penal Code section 1538.5, subdivision (m). (People v. Lloyd (1998) 17 Cal.4th 658, 664-665 [ 72 Cal.Rptr.2d 224 , 951 P.2d 1191 ]; People v. Panizzon (1996) 13 Cal.4th 68, 74-75 [ 51 Cal.Rptr.2d 851 , 913 P.2d 1061 ].) In the published portion of this opinion, we discuss issues of mootness concerning presentence credits and fines imposed for crimes committed after October 1, 2011. Specified offenses occurring after that date are subject to the 2011 realignment legislation. As will be noted, we conclude that any contention concerning inadequate presentence credits is moot. And, we conclude that the prosecutor’s contention concerning inadequate fines, penalties and surcharges is not moot. Accordingly, we modify the judgment to impose additional fines, penalties and surcharges.

Filed on July 16, 2012, an information charged defendant with…

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