People v. Brown CA4/1

DISCUSSION

The $500 sex offender fine is required by section 290.3, in cases where the

defendant has been convicted of new offenses specified in subdivision (c) of section 290.

Section 290.3, subdivision (a) provides in part:

"(a) 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."

All further statutory references are to the Penal Code unless otherwise specified.

Since the issue in this case is very limited we will omit the traditional statement of facts. 2 As the parties have pointed out the offenses for which Brown was convicted are

technical violations, not listed in section 290, subdivision (c). Simply put, the fine in

section 290.3 does not apply in this case and it must be stricken.

DISPOSITION

The judgment is modified to strike the $500 fine imposed…