People v. Rapanut CA5
Opinion
Opinion
STATEMENT OF THE CASE
On October 16, 2018, pursuant to a negotiated plea, Rapanut pleaded no contest to attempted possession of a drug or alcohol in prison (Pen. Code, 1 §§ 664, 4573.8), and admitted a prior strike allegation (§§ 667, 1170.12), in exchange for a stipulated sentence of 16 months in prison. On November 27, 2018, after considering the probation officer’s report, the court sentenced Rapanut to 16 months in state prison. The court imposed various fines, fees, and assessments, including a $300 restitution fine pursuant to section 1202.4, subdivision (b), and a $750 presentence report fee pursuant to section 1203.1b. On August 2, 2021, Rapanut filed a motion to dismiss his restitution fine, relying on Assembly Bill No. 1869 (2019-2020 Reg. Sess.) (AB 1869). On August 13, 2021, the court determined AB 1869 does not require reduction or deletion of the minimum $300 restitution fine and denied Rapanut’s motion. On September 21, 2021, Rapanut filed a timely notice of appeal from the order denying his motion. On May 11, 2022, the trial court granted Rapanut’s motion to vacate the $750 presentence report fee.