People v. Baker CA3

FACTS

The facts of defendant’s offenses are not at issue in this appeal and need not be set forth in this opinion. The forcible rape was alleged to have occurred on or about May 15, 2012. In an impact statement at sentencing, the victim stated that she was 42 years old.

Further statutory references are to the Penal Code unless otherwise indicated.

DISCUSSION

I Amount Of Penalty Assessment Defendant contends, and the People concede, the 40 percent ($120) DNA identification fund penalty assessment on the $300 sex crime fine must be reduced to 30 percent ($90), the amount in effect at the time of defendant’s offense. We accept the People’s concession. “[A]t the time of defendant’s offense ([May 15, 2012]), [Government Code section 76104.7] provided for a penalty of ‘three dollars ($3) for every ten dollars ($10)’ or fraction thereof. [Citation.] The Legislature amended the statute, effective June 27, 2012, increasing the penalty to ‘four dollars ($4) for every ten dollars ($10)’ or fraction thereof. [Citation.] Defendant was sentenced after the effective date of the 2012 amendment. But this penalty assessment must be imposed based on the date of the underlying offense,…