Cortez
People v. Cortez
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—…