People v. Cortes CA3

Filed 10/15/15 P. v. Cortes CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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) ----

THE PEOPLE,

Plaintiff and Respondent, C077568

v. (Super. Ct. No. MF037318A)

JAIME FRUTOS CORTES,

Defendant and Appellant.

Defendant Jaime Frutos Cortes pleaded guilty to second degree robbery, driving in disregard for safety while fleeing a pursuing police officer, and criminal threats. Over the prosecutor’s objection, the trial court indicated a sentencing lid of five years eight months. The trial court sentenced defendant to three years in prison, awarded him 10 days of presentence credit (9 actual days and 1 conduct day), and ordered him to pay

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various fines and fees, including a $196 booking fee “pursuant to Government Code sections 29550, 29550.1 and 29550.2.”1 Defendant now contends (1) it is not possible to determine under which Government Code section the trial court imposed the booking fee; (2) if the trial court imposed the booking fee pursuant to section 29550.1, that section violates defendant’s equal protection rights; and (3) the trial court erred in calculating his presentence credit. We will modify the judgment to reflect the correct statutory authority for the booking fee, and conclude that defendant’s equal protection and presentence credit arguments lack merit. We will affirm the judgment as modified. BACKGROUND Defendant entered a Tracy bank on December 10, 2013, walked up to a teller without waiting, put his backpack on the counter and demanded money, threatening to shoot the teller if she did not comply. Defendant had his hand in his pocket and indicated he had a gun. The teller placed approximately $8,500 in cash and a GPS tracking device into the backpack. Defendant demanded more, threatening to kill the teller. The teller showed defendant that her cash drawers were empty and he left with the money. The teller pushed the alarm. Tracy police officers were able to track defendant with the GPS device in the bag of money. When a Tracy police officer turned on his lights and sirens, defendant led the officer on a chase which ended when defendant crashed into a car. Defendant was removed from his car at gunpoint and arrested by Tracy police officers. After being