People v. Osuna CA6

I. INTRODUCTION

Defendant Enrique Eleuterio Osuna pleaded no contest to 29 counts of second degree burglary (Pen. Code, § 460, subd. (b)), one count of attempted second degree burglary (Pen. Code, §§ 460, subd. (b), 664), 1 and one count of evading an officer with willful disregard for safety (Veh. Code, § 2800.2, subd. (a)). The trial court sentenced defendant to five years four months in prison. The court also ordered, over defendant’s inability-to-pay objection, that he pay various amounts, including a $10 fine (Pen. Code, § 1202.5), a $1,240 court operations assessment (Pen. Code, § 1465.8), a $930 court facilities assessment (Gov. Code, § 70373), and a $129.75 criminal justice administration fee (see Gov. Code, former §§ 29550-29550.2). On appeal, defendant contends that he could not pay the amounts, and

All further statutory references are to the Penal Code unless otherwise indicated. therefore the order violated his constitutional rights to due process and the ban against excessive fines. For reasons that we will explain, we determine that defendant fails to show error in the imposition of the ordered amounts. We will, however, (1) vacate the portion of the $129.75…