People v. Rodriguez CA4/1

California Court of Appeal Dec 23, 2013 No. D063583Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that the trial court properly imposed a $25 administrative processing fee under Penal Code section 1463.07 because the defendant was arrested and released on his own recognizance, and the statute provides no exception for cases where the defendant has already served the custody time contemplated by a plea agreement.

Issues

Whether the trial court erred in imposing an administrative processing fee under Penal Code section 1463.07 when the defendant had already served the custody time contemplated by his plea agreement.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“On its face, the statute applies whenever a person is arrested and subsequently released on his or her own recognizance.”

“These circumstances fall squarely within the ambit of section 1463.07.”

“However, the statute contains no exception for such circumstances.”

Filed 12/23/13 P. v. Rodriguez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D063583

Plaintiff and Respondent,

v. (Super. Ct. No. SCS260464)

EMIGDIO SALVADOR RODRIGUEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Kathleen M.

Lewis, Judge. Affirmed.

Patrick J. Hennessey Jr., for Defendant and Appellant.

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

General, Julie L. Garland, Assistant Attorney General, Natasha Cortina and Barry Carlton,

Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

Emigdio Salvador Rodriguez pleaded guilty to committing vandalism causing

damage of $400 or more (Pen. Code,1 § 594, subds. (a) & (b)(1)). The trial court

suspended imposition of sentence and placed him on probation for three years. As a

condition of probation, the court ordered him to pay an administrative processing fee of

$25 under section 1463.07.

People v. Rodriguez CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063583

EMIGDIO SALVADOR RODRIGUEZ,

INTRODUCTION

More from California Court of Appeal

Related research

BACKGROUND2

DISCUSSION

DISPOSITION

NARES, J.

AI Brief