People v. Moreno CA4/1

INTRODUCTION

Mario Moreno pled guilty to three counts of forcible lewd act on a child

(Pen. Code,1 § 288, subd. (b)(1)). Pursuant to the plea agreement, the trial court sentenced him to serve 28 years in state prison and imposed certain fines and fees. On appeal, he does not challenge the conviction or prison sentence. Instead, he contends the trial court committed reversible error because it misunderstood the scope of its discretion when imposing a restitution fine pursuant to section 1202.4, subdivision (b)(2). He further contends the criminal justice administrative fee ordered pursuant to now- repealed Government Code section 29550.1 and administrative fees related to the collection of the restitution fine imposed pursuant to recently-repealed section 1202.4, subdivision (l), and section 2085.5 must be stricken. We find no abuse of discretion in the imposition of the restitution fine, but modify the judgment to strike any balance of the criminal justice administrative fee that remained unpaid as of July 1, 2021 and any balance of the challenged administrative fees that remained unpaid as of January 1, 2022. We affirm the judgment as modified in all other respects.

FACTUAL…