P.
P. v. Holloway CA4/1
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…