People v. Woods

Opinion

TURNER, P. J. I. INTRODUCTION

Defendant, Vincent Woods, appeals from his convictions for cocaine possession (Health & Saf. Code, § 11350, subd. (a)) and misdemeanor marijuana possession (Health & Saf. Code, § 11357, subd. (b)). In the published portion of this opinion, we address the issue of whether, when a defendant is placed on probation pursuant to Penal Code section 1210.1, subdivision (a) (Proposition 36 probation), the following may be stayed: a Government Code section 70373, subdivision (a) court facilities assessment; a Penal Code section 1202.4, subdivision (b)(1) restitution fine; and a Penal Code section 1465.8, subdivision (a)(1) court security fee. We conclude they may not be stayed. In the unpublished portion of the opinion, we address other sentencing issues. We affirm the judgment in all other respects.

n. DISCUSSION

A., B.*

As noted, defendant was placed on probation pursuant to Penal Code section 1210.1, subdivision (a). When placing defendant on Penal Code section 1210.1, subdivision (a) probation, the judge who tried the case, the Honorable Paul A. Bacigalupo, imposed and then stayed the Government [272]Code section 70373, subdivision (a)(1) court facilities assessment; the $200 Penal Code section 1202.4, subdivision (b)(1) restitution fine; and the $30 Penal Code section 1465.8, former subdivision (a)(1) court security fee. We conclude no authority exists to stay the facilities assessment, restitution fine and security fee under these circumstances.

The facilities assessment, restitution fine and court security fee are mandatory. Government Code section 70373, subdivision (a)(1), which provides for imposition of the court facilities assessment, states in part: “To ensure and maintain adequate funding for court facilities, an assessment shall be imposed on every conviction for a criminal offense .... The assessment shall be imposed in the amount of thirty dollars ($30) for each misdemeanor or felony . . . .” Penal Code section 1202.4, subdivision (b)(1), which provides for a restitution fine states: “In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record. [][] (1) The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense, but shall not be less than two hundred dollars ($200), and not more than ten thousand dollars ($10,000), if the person is convicted of a felony . . . .” Penal Code section 1465.8, former subdivision (a)(1), which provided for the court security fee, stated, “To ensure and maintain adequate funding for court security, a fee of thirty dollars ($30) shall be imposed on every conviction for a criminal offense, including a traffic offense, except parking offenses as defined in subdivision (i) of Section 1463, involving a violation of a section of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code.” As noted, the facilities assessment, restitution fine and court security fee are mandatory. (People v. Hanson (2000) 23 Cal.4th 355, 362 [97 Cal.Rptr.2d 58, 1 P.3d 650] [“a restitution fine is mandatory even in the absence of a crime victim . . . .”]; People v. Knightbent (2010) 186 Cal.App.4th 1105, 1112 [112 Cal.Rptr.3d 884] [“imposition of an assessment under Government Code section 70373(a)(1) is required . . .”]; People v. Crittle (2007) 154 Cal.App.4th 368, 371 [64 Cal.Rptr.3d 605] [“§ 1465.8 ‘unambiguously requires a fee to be imposed for each of defendant’s convictions’ ”].)