People v. Smith CA6

Filed 12/20/21 P. v. Smith CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H048519

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1921526)

v.

MICHAEL PERNELL SMITH,

Defendant and Appellant.

Appellant Michael Pernell Smith appeals the imposition of a supervision fee in light of a subsequent statutory amendment rendering the fee unenforceable and uncollectible. We order the fee vacated.

I. PROCEDURAL BACKGROUND1

On February 19, 2020, the Santa Clara County District Attorney charged Smith by information with inflicting corporal injury on a specified person (Pen. Code, §273.5 subd. (a)2; count 1), false imprisonment (§ 236; count 2), attempting to dissuade a victim or witness from prosecuting a…