Cortez

People v. Cortez

Good Law
117 Cal. Rptr. 3d 769·189 Cal. App. 4th 1436·2010 Cal. App. LEXIS 1931
Court of Appeal of CaliforniaNovember 10, 2010No. G042891California2,624 words

Opinion

lead Opinion

Bedsworth, J.

Octavio Reyes Cortez pleaded guilty to six counts of committing lewd acts upon a child (Pen. Code, § 288, subd. (a)), but appeals from the portion of his sentence which imposes a $30 “court facilities” fee on each of his six convictions. The fees were imposed pursuant to Government Code section 70373 (section 70373), and Cortez contends they are inappropriate in this case because (1) the statute authorizes them only for criminal convictions stemming from violations of the Vehicle Code or local ordinances authorized by the Vehicle Code, and (2) section 70373 was enacted after the dates of his crimes. We find the contentions unpersuasive.

By its terms, section 70373 applies to all “criminal” offenses, and that term is then defined as “including a traffic offense . . . involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code.” (Italics added.) While we agree with Cortez’s contention the statute could be worded more clearly, that is not the test for denying enforcement. Cortez’s assertion that the statute is actually intended to apply to only two separate categories of offenses which violate the Vehicle Code—…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.