P. v. Hernandez CA4/1

California Court of Appeal Aug 2, 2013 No. D062748Unpublished

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Holding. The court held that the defendant forfeited his right to challenge the imposition of a criminal justice administration fee by failing to object to the fee in the trial court.

Issues

Whether the imposition of a booking fee under Government Code section 29550.1 violates equal protection rights.
Whether substantial evidence supports a finding that the defendant had the ability to pay the booking fee.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Hernandez did not object in the trial court to the imposition of the booking fee. He has thus forfeited his right to challenge the fee on appeal.”

Filed 8/2/13 P. v. Hernandez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062748

Plaintiff and Respondent,

v. (Super. Ct. No. SCD240590)

JOSE ANTONIO HERNANDEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Laura Halgren,

Judge. Affirmed.

Jill M. Klein, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Kristine A.

Gutierrez, Deputy Attorneys General, for Plaintiff and Respondent.

Jose Antonio Hernandez entered a negotiated guilty plea to continuous sexual abuse of a

child under 14 (Pen. Code, § 288.5, subd. (a); count 9) and three counts of committing a lewd

act on a child under 14 with substantial sexual conduct (Pen. Code, §§ 288, subd. (a) &

1203.066, subd. (a)(8); counts 28, 30 & 33). The court sentenced him to a stipulated 28-year

prison term: the 16-year upper term on count 9; the eight-year upper term on count 28 and two

P. v. Hernandez CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062748

JOSE ANTONIO HERNANDEZ,

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DISPOSITION

MCCONNELL, P. J.

BENKE, J.

MCDONALD, J.

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