People v. Sosa CA5

INTRODUCTION

On October 23, 2012, Jimmy William Sosa, appellant, waived his constitutional rights and pled no contest to one count that he committed a lewd act on a child under the age of 14 (Pen. Code, § 288, subd. (a), count 2)1 and misdemeanor possession of a firearm with the identification altered or removed (§ 23920, count 6). According to the first amended information, count 2 occurred sometime between April 14, 2004, and April 13, 2007.2 Evidence from the preliminary hearing indicates count 2 occurred when the victim was seven or eight years old, between April 14, 2004, and April 13, 2006. Appellant was sentenced to prison for the midterm of six years on count 2 and to a concurrent term of six months on count 6. The court also imposed a series of fines, fees, and other assessments as follows: $300 penal fine (§ 290.3), $300 state penalty assessment (§ 1464), $60 state surcharge (§ 1465.7), $200 county penalty assessment (Gov. Code, § 76000), $150 court construction penalty (Gov. Code, § 70372), $30 DNA funding assessment (Gov. Code, § 76104.6), and a second $90 DNA funding assessment (Gov. Code, § 76104.7).3 Appellant contends that these fees either have to be reduced, or…