People v. Abernathy CA5

DISCUSSION 3

Defendant contends any unpaid portion of his $296 presentence report fee must be vacated pursuant to the application of amended section 1203.1b. The People agree. We agree with the parties. Operative July 1, 2021, Assembly Bill 1869 eliminated many fines, fees, and assessments that courts have imposed under a variety of statutes, including former section 1203.1b, previously allowing collection of report fees. (Stats. 2020, ch. 92, § 47.) Here, the parties agree, as do we, that any unpaid portion of the report fees ordered pursuant to former section 1203.1b are uncollectable and unenforceable as of July 1, 2021. (§ 1465.9, subd. (a); Gov. Code, § 6111, subd. (a).) We therefore vacate the portion of the judgment requiring payment of fees pursuant to former section 1203.1b. Any portion of those fees not collected before July 1, 2021, is unenforceable and uncollectable.

DISPOSITION

The portion of the judgment imposing fees pursuant to former section 1203.1b is vacated. In all other respects, we affirm.

Because defendant raises only sentencing issues, the facts underlying the offense are not relevant and are omitted from this opinion.

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