Woods

People v. Woods

Bad Law
119 Cal. Rptr. 3d 328·191 Cal. App. 4th 269·2010 Cal. App. LEXIS 2158·2010 D.A.R. 19
Court of Appeal of CaliforniaDecember 23, 2010No. B223793California1,649 words

Opinion

Lead Opinion

Turner, J.

I. INTRODUCTION

Defendant, Vincent Woods, appeals from his convictions for cocaine possession (Health & Saf. Code, § 11350, subd. (a)) and misdemeanor marijuana possession (Health & Saf. Code, § 11357, subd. (b)). In the published portion of this opinion, we address the issue of whether, when a defendant is placed on probation pursuant to Penal Code section 1210.1, subdivision (a) (Proposition 36 probation), the following may be stayed: a Government Code section 70373, subdivision (a) court facilities assessment; a Penal Code section 1202.4, subdivision (b)(1) restitution fine; and a Penal Code section 1465.8, subdivision (a)(1) court security fee. We conclude they may not be stayed. In the unpublished portion of the opinion, we address other sentencing issues. We affirm the judgment in all other respects.

n. DISCUSSION

A., B. *

As noted, defendant was placed on probation pursuant to Penal Code section 1210.1, subdivision (a). When placing defendant on Penal Code section 1210.1, subdivision (a) probation, the judge who tried the case, the Honorable Paul A. Bacigalupo, imposed and then stayed the Government *272 Code section 70373, subdivision (a)(1) court facilities…

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