People v. Schultz CA6

I. INTRODUCTION

Defendant Michael John Schultz pleaded no contest to failing to register as a sex offender (Pen. Code, § 290.015, subd. (a)) and admitted that he had served three prior prison terms (id., § 667.5, subd. (b)). The trial court sentenced defendant to prison for 16 months. On appeal, defendant contends that the trial court failed to determine his ability to pay a criminal justice administration fee of $259.50 and therefore the matter must be remanded. For reasons we will explain, we will reverse and remand the matter for a determination of defendant’s ability to pay the fee.

II. FACTUAL AND PROCEDURAL BACKGROUND

In August 2013, defendant was charged by information with failing to register as a sex offender (Pen. Code, § 290.015, subd. (a)). The information further alleged that he had a prior strike (id., §§ 667, subds. (b)-(i), 1170.12), and that he had served three prior prison terms (id., § 667.5, subd. (b)). In September 2013, on motion of the prosecution, the trial court dismissed the prior strike allegation. Defendant pleaded no contest to the registration offense and admitted the remaining allegations, with the understanding that he would receive 16 months in…