People v. Garner CA1/4

BACKGROUND

Because the issues on appeal solely relate to sentencing, we omit the facts of the underlying offenses.

1 At the August 28, 2020 sentencing hearing, the trial court ordered Garner to pay the following fines and fees pursuant to Penal Code1 section 1203.1b, subdivision (a): (1) a $400 presentence investigation report fee; (2) a $92 per month probation supervision fee; (3) a $33 per month drug testing fee; and (4) a $237 fee for preparation of the supplemental probation report. The court further imposed a $50 installment payment fee (§ 1205) and a $75 probation collection fee (§ 1203.1b, subd. (h).) Additionally, the court imposed but suspended a $300 restitution fine (§ 1204.4; Gov. Code, § 13967) and a $300 probation revocation restitution fine (§ 1202.44).2 With the exception of the restitution fine further discussed below, these orders are reflected in the probation order filed on October 16, 2020.

DISCUSSION

Garner argues and the Attorney General agrees that the passage of Assembly Bill No. 1869 eliminated Garner’s responsibility for any unpaid balance of the fees imposed pursuant to section 1203.1b. Garner also argues that the passage of Assembly Bill No. 177…