People v. Thompson CA2/2

DISCUSSION

Section 1464 and Government Code section 76000 levy additional penalties upon every fine, penalty or forfeiture imposed and collected by the courts for all criminal cases.3 But these statutes expressly state that the penalties they impose do not apply to any restitution fines. (§ 1464, subd. (a)(3)(A); Gov. Code, § 76000, subd. (a)(3)(A).) The penalties imposed by section 1464 and Government Code section 76000 also do not apply to the $40 court operations assessments imposed under section 1465.8, subdivision (a)(1) or to the $30 criminal conviction assessments imposed under Government Code section 70373, subdivision (a)(1). (See § 1465.8, subdivision (b); Gov. Code, § 70373, subd. (b).) Because section 1464 or Government Code section 76000 are not applicable to any of the fines imposed upon appellant, the $1,000 penalty assessment must be stricken from the judgment.

3 Section 1464, subdivision (a)(1) states in part: “Subject to Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, and except as otherwise provided in this section, there shall be levied a state penalty in the amount of ten dollars ($10) for every ten dollars ($10), or part of…