In re C.O. CA3

California Court of Appeal Jun 30, 2015 No. C076684Unpublished

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Holding. The court held that collateral fines and fees cannot be imposed as conditions of juvenile probation absent specific statutory authorization, and that a collection fee not orally pronounced or supported by the record must be stricken.

Issues

Whether collateral fines and fees may be imposed as conditions of juvenile probation.
Whether a 10 percent collection fee for a restitution fine must be stricken when not orally pronounced and unsupported by the record.

Disposition. modified and affirmed

Quotations verified verbatim against the opinion

“We conclude that absent a statutory exception, the same prohibition applicable to adult criminal defendants applies to preclude imposition of collateral fines as probation conditions for juveniles.”

“The minor is correct that the oral pronouncement is the actual rendition of the judgment, and the minutes and abstract cannot add anything substantive to the oral pronouncement.”

Filed 6/30/15 In re C.O. CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

In re C.O., a Person Coming Under the Juvenile Court C076684 Law.

THE PEOPLE, (Super. Ct. No. 70287)

Plaintiff and Respondent,

C.O.,

Defendant and Appellant.

The minor, C.O., brought a marijuana brownie to school and sold it to another student. The trial court adjudged him to be a ward of the court based on the minor’s violation of Health and Safety Code section 11360, subdivision (a), and placed him on formal probation. The trial court additionally ordered the minor to pay a fine of $267.50 (including penalty assessments, surcharges, and fees) pursuant to Welfare and Institutions

Code section 730.5 and Penal Code section 1464, to pay a restitution fine of $100 pursuant to Welfare and Institutions Code section 730.6, subdivision (b)(1), and to pay a general fund fine of $100 pursuant to Welfare and Institutions Code section 731, subdivision (a)(1).1 The minor appeals, contending the trial court improperly imposed the $100 general fund fine and the $267.50 fine as terms and conditions of the minor’s probation.2 He asserts the fines and fees are collateral to the minor’s crime and must be imposed, if at all, by separate order; therefore, he requests remand to the trial court regarding the imposition of the fines and fees. The minor also contends the probation order must be corrected because it reflects a 10 percent collection fee for the restitution fine that was not orally pronounced by the trial court. To the extent these fines were imposed as conditions of the minor’s probation, we conclude the probation order was erroneous, and we modify the judgment to reflect that the fines (other than the restitution fine) are ordered but not as conditions of the minor’s probation and order correction of the probation order. DISCUSSION I Imposition of Fines as Probation Conditions The minor contends the trial court improperly ordered the minor to pay fines and fees as terms of his probation. In support of his contention, the minor relies on authorities stating that, in adult criminal proceedings, fines and fees which are collateral

In re C.O. CA3

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