People v. Smith CA3

FACTS

Between December 22, 2001, and November 21, 2005, defendant engaged in three or more acts of lewd and lascivious conduct upon a child under the age of 14 years. The offenses came to light several years later. The felony complaint was filed in March 2013. Defendant entered his plea in June 2013 and was sentenced in August 2013.

DISCUSSION

I Penal Code Section 672 Fine And Penalty Assessments Defendant contends, and the People concede, the trial court erred when it imposed a $735 fine, including penalty assessments, pursuant to Penal Code1 section 672. We accept the People’s concession. As the parties recognize, section 672 “was meant to provide a fine for offenses for which another statute did not impose a fine.” (People v. Breazell (2002) 104 Cal.App.4th 298, 304.) Defendant’s offense is not within this provision because section 290.3, subdivision (a) prescribes a fine for any offense specified in section 290, subdivision (c), including defendant’s violation of section 288.5. Thus, the $735 fine and penalty assessments are unauthorized and must be stricken. (E.g., People v. Andrade (2002) 100 Cal.App.4th 351, 354.) The trial court’s finding that defendant had no ability…