People v. Valentine CA2/6

STATEMENT OF FACTS

Because appellant pleaded guilty prior to trial, the relevant facts are derived from the reporter’s transcript of the preliminary hearing. On the morning of August 17, 2019, California Department of Parks and Recreation Officer Joshua Pace and his partner observed appellant urinating in public. When the officers contacted appellant, he ran away and swung his backpack at them. Appellant eventually stopped running and sat down. When Officer Pace attempted to handcuff appellant, appellant actively resisted and hit the officer in the face with his left arm. Officer Pace’s partner subsequently subdued appellant with a Taser and he was handcuffed and taken into custody.

DISCUSSION

Appellant contends he is entitled to have any unpaid portion of the $300 public defender fee imposed under former section 27712 vacated pursuant to recently-enacted section 6111. We agree. In 2020, the Legislature passed Assembly Bill 1869 (2019- 2020 Reg. Sess.) (AB 1869) to “eliminate the range of administrative fees that agencies and courts are authorized to impose to fund elements of the criminal legal system.” (Id., § 2, eff. Sept. 18, 2020, operative July 1, 2021.) Among other…