The People v. Benton CA6

Filed 8/29/13 P. v. Benton CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039277 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. B1263121)

v.

MICHAEL OSCAR BENTON,

Defendant and Appellant.

Defendant Michael Oscar Benton pleaded no contest to making a criminal threat in violation of Penal Code section 422. He was sentenced to a 16-month prison term. On appeal, he challenges the imposition of a $129.75 criminal justice administration fee. We will affirm the judgment.

BACKGROUND As defendant challenges only the imposition of the $129.75 criminal justice administration fee, we review only the facts pertinent to that issue. On November 26, 2012, defendant pleaded no contest to making a criminal threat in violation of Penal Code section 422. He filled out a written “Advisement Of Rights, Waiver, And Plea Form,” which provided, “Depending upon my ability to pay, I may . . . be required to pay . . . a criminal justice administration fee of up to $259.50. . . .”

The probation officer’s report recommended that “[a] $129.75 Criminal Justice Administration fee to the City of Sunnyvale be imposed pursuant to Government Code [sections] 29550, 29550.1 and 29550.2.” The probation report reflected that trial counsel had instructed the probation officer not to interview defendant, and thus the probation report does not contain any information about defendant’s employment history, education, or training. At the sentencing hearing on December 20, 2012, the trial court indicated it was planning to “impose all of the recommended terms as set forth in the probation report.” After hearing from the victim and defendant, the court imposed a 16-month sentence. It imposed a number of fees and fines, including “a criminal justice administration fee of $129.75 to the City of Sunnyvale.” Following its announcement of the fees and fines, the trial court asked whether defendant would “accept the fines and fees imposed and waive a hearing on ability to pay?” Trial counsel replied, “Yes, Your Honor.”