P.

P. v. Holloway CA4/1

Good Law
Court of Appeal of CaliforniaJuly 1, 2013D062371California1,199 words

Opinion

Opinion

Benke, J.

DISCUSSION

A. Imposition of Fines

Holloway contends the court erred when it failed to "itemize" the fines orally

imposed at his sentencing.

1. Brief Additional Background

After Holloway pled guilty, the San Diego County Probation Department prepared

a "Probation Officer's Report" (probation report) and provided it to the parties and the

3 court in advance of the sentencing hearing. The probation report recommended

Holloway be sentenced to three years in state prison and recommended the court impose

a restitution fine of $720; a probation revocation restitution fine of $720; a court security

fee of $40; an immediate critical needs account fee of $30; a criminal justice

administration fee of $154; a drug program fee of $570, including penalty assessment;

and a lab analysis fee of $190, including penalty assessment. A proposed order granting

formal probation was also submitted before sentencing.

The record shows that at sentencing, Holloway among other requests asked the

court not to impose any fines because he allegedly was unable to pay them. After hearing

argument of counsel and considering the probation report and the plea agreement, as

relevant here, the…

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