People v. Nguyen CA3

DISCUSSION

On appeal, defendant contends the trial court erred in calculating the sex offender fine imposed pursuant to Penal Code section 290.3. Specifically, defendant contends the trial court erroneously imposed a DNA penalty assessment in the amount of $60 when, by statute, the DNA penalty assessment should have been $30. (Gov. Code, § 76104.6.) The People concede the error. We have reviewed the record and agree with the parties. Penal Code section 290.3, subdivision (a) provides: “Every person who is convicted of any offense specified in subdivision (c) of Section 290 shall, in addition to any imprisonment or fine, or both, imposed for commission of the underlying offense, be punished by a fine of three hundred dollars ($300) upon the first conviction or a fine of five hundred dollars ($500) upon the second and each subsequent conviction, unless the court determines that the defendant does not have the ability to pay the fine.” Section 290.3 requires the trial court to “impose fines in the amount of $300 for the first qualifying conviction and $500 for additional qualifying convictions, or no fine if the trial court determines that the defendant does not have the ability to…