People v. Turner CA5

Filed 5/23/14 P. v. Turner CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F067073

v. (Super. Ct. Nos. BF145491A, BF145497A, BF145531A) HAZEL MAE TURNER, OPINION Defendant and Appellant.

THE COURT APPEAL from the judgments of the Superior Court of Kern County. Colette M. Humphrey, Judge. Sylvia Whatley Beckham, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Kathleen A. McKenna and Charity S. Whitney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Levy, Acting P.J., Cornell, J., and Franson, J.

Hazel Mae Turner appeals from the trial court’s imposition of fees in the amount of $45 pursuant to former Penal Code section 1205, subdivision (d)1 (now subdivision (e)).2 Turner contends the $45 fees were unauthorized because they exceed $30, the maximum amount allowable under the statute. She further contends the court was only authorized to impose a single $30 fee because she was sentenced in multiple cases on the same day. The Attorney General concedes the maximum allowable fee under the statute is $30 and requests that the $45 fee be stricken. The Attorney General, however, does not agree that the trial court erred in imposing a fee in each case. We will order the three $45 fees stricken and corrected to reflect a $30 fee in each case. In all other respects, we affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY On December 5, 2012, the Kern County District Attorney filed a complaint in case number BF145491A charging Turner with two counts of second degree burglary (§ 460, subd. (b)) and two counts of forgery (§ 470, subd. (d)) related to offenses that occurred in July 2012. On December 6, 2012, the district attorney filed a complaint in case number BF145497A charging Turner with second degree burglary and two counts of forgery (§ 470, subds. (a) & (d)) related to offenses that occurred in December 2012. On December 7, 2012, the district attorney filed a complaint in case number BF145531A charging Turner with second degree burglary related to an offense committed in June 2012.