People v. Contreras CA5
Opinion
Opinion
STATEMENT OF THE CASE1
On October 15, 2020, the Fresno County District Attorney filed a complaint charging defendant with corporal injury to a spouse (Pen. Code, § 273.5, subd. (a); count 1),2 and dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1); count 2). Defendant pled no contest to count 1 and, in exchange, the People dismissed count 2. On June 4, 2021, the trial court placed defendant on formal probation for three years and ordered him to pay an annual $360 probation supervision fee and a $296 probation report fee pursuant to former section 1203.1b. On June 7, 2021, defendant filed an appeal.
DISCUSSION
On appeal, defendant contends he is entitled to relief from the unpaid portions of the probation supervision and report fees imposed under former section 1203.1b. The People concede and we agree. Effective July 1, 2021, Assembly Bill 1869 “eliminate[d] the range of administrative fees that agencies and courts are authorized to impose to fund elements of the criminal legal system.” (People v. Clark (2021) 67 Cal.App.5th 248, 259; Stats. 2020, ch. 92, § 2.) Among other things, Assembly Bill 1869 abrogated the court’s